8 CFR § 214.2 Petitions for Temporary Nonimmigrants Employees
Petition for Registered Nurses in H–1C (Expired: Not Currently in Use)
For purposes of H–1C classification, the term “registered nurse” means 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 (US Employer) which provides health care services in a shortage area as designated by the USDOL.
Who can File and What to file:
A facility may file an H–1C petition for an alien nurse to perform the services of a registered nurse. The Employer must file USCIS form I-129 and USDOL form 9081. Processing may be carried out by USCIS or at a US Consulate abroad upon approval.
The prospective H–1C employee must provide evidence that s/he:
- (A) Has obtained a full and unrestricted license to practice nursing in the country where the alien obtained nursing education, or has received nursing education in the United States;
- (B) 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 a temporary authorization as applicable; and
- (C) Is fully qualified and eligible to practice as a registered nurse immediately upon admission or immediately thereafter.
The petitioning facility must provide the following with an H–1C petition:
- (A) A current copy of the DOL’s notice of acceptance of the filing of its attestation on Form ETA 9081;
- (B) A statement describing any limitations which the laws of the state or jurisdiction of intended employment place on the alien’s services; and
- (C) Evidence that the alien(s) named on the petition meets the definition of a registered nurse as defined at 8 CFR 214.2(h)(3)(i)(A), and satisfies the requirements contained in section 212(m)(1) of the Act.
H-1C Visa Limitations
- Employer pre-qualification by USDOL
- Only 500 available 3-year visas per year(50 each to California, Florida, Illinois,
- Michigan, New York, Ohio, Pennsylvania, and Texas 25 each for the rest of States)
- No extensions after 3 years.
- No Work visas for Dependents of the H-1C visa holder
- H-1C visa holders cannot reapply for a new H-1C visa.
- H-1C must work towards Permanent Residency Schedule A as soon as possible