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Immigration Library  >  Work Visas  >  H-1C

H1C Visa (Foreign Registered
Nurses)

The H1C visa category is available to foreign registered nurses seeking temporary employment in the U.S. Only 500 H1C visa can be issued each year during the four-year period of the H1C program (2000-2004). Employment is limited to areas designated as Health Professional Shortage Areas (HPSA) by the Department of Health and Human Services (DHHS).
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I. Benefits of the H1C Visa
  
A.    You do not have to maintain foreign residence and show intent to return to your home country while applying for the visa

B.    Your dependents can stay with you as long as you maintain your H1C status. They can also attend school while on the H-4 dependent visa

C.    You can freely travel in and out of the U.S. provided you have a valid visa
II. Requirements for the H1C Visa


A.    Criteria for Determining Medical Facility's Eligibility
  
 
1.  The sponsoring hospital/employer must:
  
 
a.  Be a "Subpart D" hospital under the Social Security Act

b.  Be located in a HPSA as of 1997

c.  Have at least 190 acute care beds according to 1994 Cost Report

d.  Be reimbursed by Medicare for at least 35 per cent of acute care inpatient days (according to 1994 Cost Report)

e.  Be reimbursed by Medicaid for at least 28 per cent of acute care inpatient days (according to 1994 Cost Report)

f.  Be located in a HPSA

2.  Hospitals and Medical facilities employing H1C nurses must meet the following obligations:
  
 
a.  Provide every registered nurse who works at the hospital with a copy of Form ETA- 9081 which specifies certain terms and conditions of employment

b.  Notify U.S. workers of the intent to petition for H1C registered nurses

c.  Pay at least the prevailing wage for the local area in which all registered nurses are employed by the
hospital

d.  Pay at least the same wage paid to similarly employed U.S. registered nurses

e.  Take timely and significant steps to recruit and retain U.S. registered nurses to reduce its dependence on temporary foreign nurses

f.  Not hire H1C registered nurses during a strike/lockout involving registered nurses at the hospital

g.  Not lay off any U.S. registered nurses during the period from 90 days before until 90 days after filing any H1C petition with the U.S. Citizenship and Immigration Services (USCIS)

h.  Limit the total number of H1C registered nurses employed to no more than one-third of the total number of registered nurses employed at the facility

i.  Not allow any H1C registered nurses to perform nursing services at any location (worksite) other than a worksite controlled by the facility

j.  Not transfer the H1C registered nurses from one work place to another

k.  Keep certain documents available for public viewing, including the application, prevailing wage determination, and petitions
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August 28, 2008

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