Criteria for Determining Employee's Eligibility
To qualify for the H1C nurse visa:
You must have a full and unrestricted license to practice professional nursing in the country where you obtained your nursing education, or have received nursing education in the U.S.
You must have passed an appropriate examination, or have a full and unrestricted license to practice as a registered nurse in the state of intended employment
You must be fully qualified and eligible under the state laws and regulations of the state of intended employment to practice as a registered nurse immediately upon admission to the U.S.
You must obtain a certified statement from the Commission on Graduates of Foreign Nursing Schools (CGFNS), or from an independent credentialing organization approved by the Attorney General and the DHHS, and passing the National Council Licensure Examination for Registered Nurses (NCLEX-RN)
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Applying for the H1C Visa
You cannot apply for an H1C nurse visa as an individual. A U.S. Hospital or Medical Facility has to sponsor your H1C visa. To sponsor you, the employer must file an attestation with the Department of Labor, and submit a petition with the USCIS. Based on the H1C petition approval, you may apply for the H1C nurse visa or a change of nonimmigrant status.
Filing Attestation with the Department of Labor
To file an attestation for the H1C nurse visa, the sponsoring hospital must complete a Form ETA 9081
, Attestation for H1C Nonimmigrant Nurses with the DOL Employment and Training Administration along with the required attestation documents.
If it is the first attestation by the hospital under H1C, copies of the hospital's Form HCFA 2552 from the 1994 cost reporting period filed with DHHS, which provides information on acute care beds, and percentage of Medicare/Medicaid patients, must accompany Form ETA 9081. The form also requires an attestation by the hospital that it has taken timely and significant steps to retain sufficient registered nurses who are U.S. citizens or immigrants who are authorized to perform nursing services.
The Form ETA-9081, signed by the chief executive officer of the facility, must be submitted to:
Chief, Division of Foreign Labor Certifications
Employment Training Administration
U.S. Department of Labor, Room C-4318
200 Constitution Avenue, NW
Washington, DC 20210
After the DOL accepts the application, the hospital will be notified and must file USCIS Form I-129
, Petition for Nonimmigrant Worker, with the USCIS.
Filing the H1C Petition
An H-1C petition is filed on USCIS Form I-129
, along with
supplement and the approved attestation from the U.S. Department of Labor. Your H1C petition must include:
A valid attestation from the Department of Labor
Copies of evidence that the foreign nurse named in the petition meets the minimum job requirements stated in the attestation
Applying for the H1C Visa at an American Consulate
To apply for the H1C visa, you must furnish the original or copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents:
DOS Form DS-157
, Supplemental Nonimmigrant Visa Application, for all male applicants between the ages of 16 and 45
A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page
Two identical color photographs showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member
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