# 20 C.F.R. § 655.1111 (2026): Element I—What hospitals are eligible to participate in the H-1C program? > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1111 ## Section - **Citation:** 20 C.F.R. § 655.1111 (2026) - **Heading:** Element I—What hospitals are eligible to participate in the H-1C program? - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 20 CFR: Employees' Benefits / Chapter V: EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR / Part 655: TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES / Subpart L: What Requirements Must a Facility Meet to Employ H-1C Nonimmigrant Workers as Registered Nurses? / § 655.1111: § 655.1111 Element I—What hospitals are eligible to participate in the H-1C program? ## Text (a) The first attestation element requires that the employer be a “facility” for purposes of the H-1C program, as defined in INA Section 212(m)(6), 8 U.S.C. 1182 (2)(m)(6). (b) A qualifying facility under that section is a “subpart (d) hospital,” as defined in Section 1886(d)(1)(B) of the Social Security Act, 42 U.S.C. 1395ww(d)(1)(B), which: (1) Was located in a health professional shortage area (HPSA), as determined by the Department of Health and Human Services, on March 31, 1997. A list of HPSAs, as of March 31, 1997, was published in the Federal Register on May 30, 1997 (62 FR 29395); (2) Had at least 190 acute care beds, as determined by its settled cost report, filed under Title XVIII of the Social Security Act, (42 U.S.C. 1395 et seq. ), for its fiscal year 1994 cost reporting period ( i.e., Form HCFA-2552-92, Worksheet S-3, Part I, column 1, line 8); (3) Had at least 35% of its acute care inpatient days reimbursed by Medicare, as determined by its settled cost report, filed under Title XVIII of the Social Security Act, for its fiscal year 1994 cost reporting period ( i.e., Form HCFA-2552-92, Worksheet S-3, Part I, column 4, line 8 as a percentage of column 6, line 8); and (4) Had at least 28% of its acute care inpatient days reimbursed by Medicaid, as determined by its settled cost report, filed under Title XVIII of the Social Security Act, for its fiscal year 1994 cost reporting period ( i.e., Form HCFA-2552-92, Worksheet S-3, Part I, column 5, line 8 as a percentage of column 6, line 8). (c) The Federal Register notice containing the controlling list of HPSAs (62 FR 29395), can be found in federal depository libraries and on the Government Printing Office Internet website at http://www.access.gpo.gov. II of the Social Security Act, for its fiscal year 1994 cost reporting period ( i.e., Form HCFA-2552-92, Worksheet S-3, Part I, column 5, line 8 as a percentage of column 6, line 8). (c) The Federal Register notice containing the controlling list of HPSAs (62 FR 29395), can be found in federal depository libraries and on the Government Printing Office Internet website at http://www.access.gpo.gov. (d) To make a determination about information in the settled cost report, the employer shall examine its own Worksheet S-3, Part I, Hospital and Hospital Health Care Complex Statistical Data, in the Hospital and Hospital Health Care Complex Cost Report, Form HCFA 2552, filed for the fiscal year 1994 cost reporting period. (e) The facility must maintain a copy of the portions of Worksheet S-3, Part I and Worksheet S, Parts I and II of HCFA Form 2552 which substantiate the attestation of eligibility as a “facility.” One set of copies of this document must be kept in the facility's public access file. The full Form 2552 for fiscal year 1994 must be made available to the Department upon request. ## Nearby sections - [20 C.F.R. § 655.1100 (2026) § 655.1100 What are the purposes, procedures and applicability of these regulations in subparts L and M of this part?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1100.md) - [20 C.F.R. § 655.1101 (2026) § 655.1101 What are the responsibilities of the government agencies and the facilities that participate in the H-1C program?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1101.md) - [20 C.F.R. § 655.1102 (2026) § 655.1102 What are the definitions of terms that are used in these regulations?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1102.md) - [20 C.F.R. § 655.1110 (2026) § 655.1110 What requirements are imposed in the filing of an attestation?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1110.md) - [20 C.F.R. § 655.1111 (2026) § 655.1111 Element I—What hospitals are eligible to participate in the H-1C program?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1111.md) - [20 C.F.R. § 655.1112 (2026) § 655.1112 Element II—What does “no adverse effect on wages and working conditions” mean?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1112.md) - [20 C.F.R. § 655.1113 (2026) § 655.1113 Element III—What does “facility wage rate” mean?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1113.md) - [20 C.F.R. § 655.1114 (2026) § 655.1114 Element IV—What are the timely and significant steps an H-1C employer must take to recruit and retain U.S. nurses?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1114.md) - [20 C.F.R. § 655.1115 (2026) § 655.1115 Element V—What does “no strike/lockout or layoff” mean?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1115.md) - [20 C.F.R. § 655.1116 (2026) § 655.1116 Element VI—What notification must facilities provide to registered nurses?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1116.md) - [20 C.F.R. § 655.1117 (2026) § 655.1117 Element VII—What are the limitations as to the number of H-1C nonimmigrants that a facility may employ?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1117.md) - [20 C.F.R. § 655.1118 (2026) § 655.1118 Element VIII—What are the limitations as to where the H-1C nonimmigrant may be employed?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1118.md) - [20 C.F.R. § 655.1130 (2026) § 655.1130 What criteria does the Department use to determine whether or not to certify an Attestation?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1130.md) - [20 C.F.R. § 655.1132 (2026) § 655.1132 When will the Department suspend or invalidate an approved Attestation?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1132.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1111. 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