# 20 C.F.R. § 655.1116 (2026): Element VI—What notification must facilities provide to registered nurses? > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1116 ## Section - **Citation:** 20 C.F.R. § 655.1116 (2026) - **Heading:** Element VI—What notification must facilities provide to registered nurses? - **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? / § 655.1116: § 655.1116 Element VI—What notification must facilities provide to registered nurses? ## Text (a) The sixth attestation element requires the facility to attest that at the time of filing of the petition for registered nurses under section 101(a)(15)(H)(i)(c) of the INA, notice of filing has been provided by the facility to the bargaining representative of the registered nurses at the facility or, where there is no such bargaining representative, notice of the filing has been provided to registered nurses at the facility through posting in conspicuous locations, and individual copies of the Attestation have been provided to registered nurses employed at the facility. (b) Notification of bargaining representative. (1) At a time no later than the date the attestation is transmitted to ETA, on ETA Form 9081, Attestation for H-1C Nonimmigrant Nurses, the facility must notify the bargaining representative (if any) for nurses at the facility that the attestation is being submitted. This notice may be either a copy of the attestation (ETA Form 9081) or a document stating that the attestations are available for review by interested parties at the facility (explaining how they can be inspected or obtained) and at the Office of Foreign Labor Certification, Employment and Training Administration, Department of Labor, 200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210. The notice must include the following statement: “Complaints alleging misrepresentation of material facts in the attestation or failure to comply with the terms of the attestation may be filed with any office of the Wage and Hour Division, United States Department of Labor.” mployment and Training Administration, Department of Labor, 200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210. The notice must include the following statement: “Complaints alleging misrepresentation of material facts in the attestation or failure to comply with the terms of the attestation may be filed with any office of the Wage and Hour Division, United States Department of Labor.” (2) No later than the date the facility transmits a petition for H-1C nurses to USCIS, the facility must notify the bargaining representative (if any) for nurses at the facility that the H-1C petition is being submitted. This notice may be either a copy of petition, or a document stating that the attestations and H-1C petition are available for review by interested parties at the facility (explaining how they can be inspected or obtained) and at the Office of Foreign Labor Certification, Employment and Training Administration, Department of Labor, 200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210. The notice must include the following statement: “Complaints alleging misrepresentation of material facts in the attestation or failure to comply with the terms of the attestation may be filed with any office of the Wage and Hour Division, United States Department of Labor.” (c) Posting notice. If there is no bargaining representative for nurses at the facility, the facility must post a written notice in two or more conspicuous locations at the facility. Such notices shall be clearly visible and unobstructed while posted, and shall be posted in conspicuous places where nurses can easily read the notices on their way to or from their duties. Appropriate locations for posting hard copy notices include locations in the immediate proximity of mandatory Fair Labor Standards Act wage and hour notices and Occupational Safety and Health Act occupational safety and health notices early visible and unobstructed while posted, and shall be posted in conspicuous places where nurses can easily read the notices on their way to or from their duties. Appropriate locations for posting hard copy notices include locations in the immediate proximity of mandatory Fair Labor Standards Act wage and hour notices and Occupational Safety and Health Act occupational safety and health notices. In the alternative, the facility may use electronic means it ordinarily uses to communicate with its nurses about job vacancies or promotion opportunities, including through its “home page” or “electronic bulletin board,” provided that the nurses have, as a practical matter, direct access to those sites; or, where the nurses have individual e-mail accounts, the facility may use e-mail. This must be accomplished no later than the date when the facility transmits an Attestation to ETA and the date when the facility transmits an H-1C petition to the USCIS. The notice may be either a copy of the Attestation or petition, or a document stating that the Attestation or petition has been filed and is available for review by interested parties at the facility (explaining how these documents can be inspected or obtained) and at the national office of ETA. The notice shall include the following statement: “Complaints alleging misrepresentation of material facts in the Attestation or failure to comply with the terms of the Attestation may be filed with any office of the Wage and Hour Division of the United States Department of Labor.” Unless it is sent to an individual e-mail address, the Attestation notice shall remain posted during the validity period of the Attestation; the petition notice shall remain posted for ten days. Copies of all notices shall be available for examination in the facility's public access file. estation may be filed with any office of the Wage and Hour Division of the United States Department of Labor.” Unless it is sent to an individual e-mail address, the Attestation notice shall remain posted during the validity period of the Attestation; the petition notice shall remain posted for ten days. Copies of all notices shall be available for examination in the facility's public access file. (d) Individual notice to RNs. In addition to notifying the bargaining representative or posting notice as described in paragraphs (b) and (c) of this section, the facility must provide a copy of the Attestation, within 30 days of the date of filing, to every registered nurse employed at the facility. This requirement may be satisfied by electronic means if an individual e-mail message, with the Attestation as an attachment, is sent to every RN at the facility. This notification includes not only the RNs employed by the facility, but also includes any RN who is providing service at the facility as an employee of another entity, such as a nursing contractor. (e) Where RNs lack practical computer access, a hard copy must be posted in accordance with paragraph (c) of this section and a hard copy of the Attestation delivered, within 30 days of the date of filing, to every RN employed at the facility in accordance with paragraph (d) of this section. (f) The facility must maintain, in its public access file, copies of the notices required by this section. The facility must make such documentation available to the Administrator in the event of an enforcement action pursuant to subpart M of this part. [65 FR 51149, Aug. 22, 2000, as amended at 75 FR 10405, Mar. 5, 2010] ## 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_1116. 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