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H-1C Visa
The H-1C Visa (Registered Nurse in Health Professional Shortage Area) was a temporary, non-immigrant work visa created to address the nursing shortage in specific areas of the United States. It allowed qualified foreign registered nurses to work in hospitals located in federally designated Health Professional Shortage Areas (HPSAs).
Overview of the H-1C Visa
The H-1C Visa was a specialty visa for foreign-trained Registered Nurses (RNs) who were coming to the U.S. temporarily to perform nursing services at eligible hospitals in critical shortage areas.
Key Features of the H-1C Visa Program
Limited Cap: The program had a strict annual national cap of 500 visas, with further numerical limits on the number of visas issued per state.
Employer Restriction: Nurses were only permitted to work for specific U.S. hospitals that met strict regulatory criteria and were located in designated Health Professional Shortage Areas (HPSAs).
Duration: The maximum period of admission was three years. An extension of stay could be granted to complete the three-year period, but the total stay under H-1C classification could not exceed the initial three-year limit.
Attestation Requirement: The sponsoring hospital had to file an Attestation with the Department of Labor (DOL), affirming compliance with specific conditions, such as:
The employment of the H-1C nurse would not adversely affect the wages or working conditions of U.S. nurses.
The H-1C nurse would be paid the wage rate for similarly employed registered nurses.
The facility was taking steps to recruit and retain U.S. nurses.
Eligibility Requirements
To qualify for an H-1C Visa, both the nurse and the sponsoring hospital had to meet strict requirements:
For the Nurse (Beneficiary):
Must be a Registered Nurse (RN).
Must have a full and unrestricted nursing license in the country where the nursing education was obtained, or have received the nursing education and license in the U.S.
Must have passed an appropriate examination (such as the NCLEX-RN) or hold a full and unrestricted license to practice nursing in the state of intended employment.
Must be fully qualified and eligible to practice as an RN immediately upon admission to the U.S.
Was often required to have a valid VisaScreen certificate from the Commission on Graduates for Foreign Nursing Schools (CGFNS).
For the Hospital (Petitioner):
Must be an acute care hospital that meets specific criteria (e.g., be a “subpart D” hospital under the Social Security Act).
Must be located in a Health Professional Shortage Area (HPSA).
Must meet specific criteria regarding the number of acute care beds and the percentage of Medicare and Medicaid patients.
Must have received an acceptance notice for the required Attestation for H-1C Nonimmigrant Nurses from the DOL.
Family Dependents
Spouses and unmarried children under the age of 21 of the H-1C holder were eligible to apply for H-4 dependent status. H-4 dependents were not authorized to work but were permitted to attend school in the U.S.