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The Nursing Relief for Disadvantage Areas Act of 1999
(NRDAA) established the H-1C program to reduce the shortage of qualified nurses
in health professional shortage areas. The H-1C program is for foreign nurses coming
to the U.S. temporarily to perform services as a registered nurse in a health
professional shortage area as determined by the U.S. Department of Labor. Only
500 nurses can be granted H-1C status in a fiscal year nationally. There are
also numerical limitations for each state based on the state’s population. The
cap for states with populations in excess of 9 million is 50 per fiscal year.
The cap on states with populations of 9 million or less is 25 per fiscal year. The
H-1C program has been reauthorized for an additional three years, until
December 20, 2009.
U.S. Employer/Petitioner Requirements
The U.S. Employer
(“Petitioner”) must meet strict criteria to be eligible to file a petition
under H-1C Program. To qualify, the Petitioner must:
- Be a
“subpart D” hospital under the Social Security Act;
- Be
located in a Health Professional Shortage Area
as of March 31, 1997;
- Have at least 190 acute care bed;
- Have
a Medicare population of 35%; and
- Have
a Medicaid population of 28%.
Foreign Nurse/Beneficiary
Requirements
To be eligible for an H-1C visa, the foreign nurse (“Beneficiary”) must:
- Have
an unrestricted nursing license in the country where the nursing education was
obtained, or
Have received a
nursing education in the U.S.;
- Be
authorized by the appropriate U.S. State Board of Nursing to practice within
the state:
o Have
passed the examination given by the Commission on
Graduates for Foreign Nursing Schools (CGFNS), or
o Have
a full and unrestricted license to practice as an RN in the state where the RN
will work, or
o Have
a full and unrestricted RN’s license in any state and have received temporary
authorization to practice as an RN in the state where he/she will work;
- Have
been fully qualified and eligible under the laws governing the place where the
RN was to work to practice as an RN immediately upon admission to the U.S., and
been authorized under such laws to be employed by the hospital; and
- Must
obtain a visa screen.
How to petition for an H-1C nurse
The first step in petitioning for
an H-1C nurse is filing the Form ETA 9081, Attestation for H-1C Nonimmigrant
Nurses, with the U.S. Department of Labor’s Chief, Office of Foreign Labor
Certifications in Washington, D.C. There is a $250 filing fee for each
attestation. For information on how to file an attestation with the Department
of Labor, please visit the Department of Labor’s
website.
Once the Department of Labor accepts the Form 9081, the Petitioner
(hospital) will be notified. Upon receiving notification, the Petitioner is
eligible to file the H-1C petition. All H-1C petitions are
filed with the USCIS Vermont Service Center. The following documents should be
included in the H-1C petition:
- Form I-129, Petition for Nonimmigrant Worker:
- Copy of the Department of Labor’s acceptance of the
filing of Form ETA 9081;
- A statement from the Petitioner describing any
limitation which the laws of the state or jurisdiction of intended
employment place on the foreign nurse’s services;
- Evidence that the Beneficiary named on the petition
is a person who is or will be authorized by a State Board of Nursing to
engage in registered nurse practice in a state or U.S. territory or
possession, and who is or will be practicing at a facility which provides
health care services;
- Evidence that the Beneficiary named on the petition
has passed the examination given by the Commission on Graduates of Foreign
Nursing Schools (CGFNS), or has obtained a full and unrestricted
(permanent) license to practice as a registered nurse in the state of
intended employment or has obtained a full and unrestricted (permanent)
license in any state or territory of the United States and received
temporary authorization to practice as a registered nurse in the state of
intended employment;
- Evidence that the Beneficiary has obtained a full and
unrestricted license to practice professional nursing in the country where
the Beneficiary obtained nursing education or has received nursing
education in the U.S.; and
- Evidence that the Beneficiary named on the petition
is fully qualified and eligible under the laws (including such temporary
or interim licensing requirements which authorize the nurse to be
employed) governing the place of intended employment to practice as a
registered nurse immediately upon admission to the U.S., and is authorized
under such laws to be employed by the employer.
Note: More than one nurse may be included on an H-1C
petition as long as all of above is submitted on behalf of each beneficiary.
Change of Employers and Multiple Employers
A change of employers requires a
new H-1C petition. New employment (any employment other than the originally
approved employment) cannot begin until a petition for change of employment is
approved by the USCIS. If an H-1C nonimmigrant nurse will work for more than
one employer, each employer must file its own H-1C petition on the foreign
nurse’s behalf.
Dependents
Dependents (spouses and unmarried
children under 21 years of age) of H-1C workers are entitled to H-4 status with
the same restrictions as the principal. Dependents may not be employed under
the H-4 classification.
Period of Admission
The maximum period of admission for
an H-1C alien is three years. An H-1C nurse may receive an extension of stay to
complete the 3-year period of admission (if the petition/visa was approved for
less than the maximum 3 years). However, an extension of stay may not be
granted to extend the alien’s period of admission beyond the initial 3-year
period of time.
The information contained in this web page is intended strictly to be used for information purposes and to educate the public in a general manner. The information contained in this page should not be considered legal advice, legal consultation, expressed or implied representation or a formal or an informal retention of this office. To create a formal attorney-client relationship a retainer must be signed and a fee must be paid to this office. Our response to any of your questions, comments, concerns etc. does not establish an attorney-client relationship. By responding to your questions we do not consider ourselves your attorneys. The response to your questions is strictly informational in nature and should not be considered or used as legal advice in any manner. The information contained on this site is general information on immigration laws and issues. The general information that is included in this web page will not cover the various exceptions and loopholes that are prevalent in the Immigration laws. We hope that our web page will educate you and hopefully enhance your understanding of Immigration laws.
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