Question: What is the H-1C visa program?

Answer: The Nursing Relief for Disadvantaged Areas Act of 1999 created a new nonimmigrant category for registered nurses (RNs) who will work in areas designated as "Health Professional Shortage Areas" by the U.S. Department of Health and Human Services.

Question: What criteria must a hospital meet to employ temporary foreign RNs under the H-1C program?

Answer: The sponsoring hospital/employer must:

1. be a "Subpart D" hospital under the Social Security Act;

2. be located in a health professional shortage area as of 1997;

3. have at least 190 acute care beds according to 1994 Cost Report;

4. be reimbursed by medicare for at least 35% of acute care inpatient days (according to 1994 Cost Report);

5. be reimbursed by medicaid for at least 28% of acute care inpatient days (according to 1994 Cost Report); and

6. be located in a health professional shortage region or area.

Question: Where can I find a list of Health Professional Shortage Areas as of 1997?

Answer: You can find the lists of designated Health Professional Shortage Areas as designated by the Sectretary of Health and Human Services (HHS) in the Federal Register, Vol. 62, No. 104, dated Friday, May 30, 1997.

Question: What qualifications must a foreign individual have to qualify as a "registered nurse" under this program?

Answer: The criteria a foreign worker must meet to qualify as a "registered nurse" under the H-1C program is as follows:

1. Has obtained a full and unrestricted license to practice nursing in the country where the nurse obtained a nursing education, or have received a nursing education in the U.S. For example:

(a) Have passed the examination given by the Commission on Graduates for Foreign Nursing Schools (CGFNS);

(b) Have a full and unrestricted license to practice as a RN in the state of employment or;

(c) Have a full and unrestricted RN's license in any state and received temporary authorization to practice as a RN in the state of employment; and

2. And be fully qualified and eligible, under the state laws governing the place of employment, to practice as an RN immediately upon admission to the U.S., and be authorized under such laws to be employed by the hospital.

Question: How does a qualified hospital obtain authority to employ H-1C nurses?

Answer: The sponsoring hospital must file an application (Form ETA 9081) with the Department of Labor's Employment and Training Administration and, after the application has been accepted by the Department, file a Petition for Nonimmigrant Worker (Form I-129) with the BCIS.

Question: What special obligations must a hospital employing foreign RNs meet under the H-1C program?

Answer: The hospitals must:

1. Provide every RN who works at the hospital with a copy of its application (Form ETA 9081) which specifies certain terms and conditions of employment;

2. Notify U.S. workers of the intent to petition for H-1C RNs;

3. Pay at least the prevailing wage for the local area in which all RNs are employed by the hospital (including U.S. RNs);

4. Pay at least the same wage paid to similarly employed U.S. RNs;

5. Take timely and significant steps to recruit and retain U.S. RNs to reduce its dependence on temporary foreign nurses;

6. Not hire H-1C RNs during a strike/lockout involving RNs at the hospital;

7. Not lay off any U.S. RNs during the period from 90 days before until 90 days after filing any H-1C petition with the BCIS;

8. Limit the total number of H-1C RNs employed to no more than one-third of the total number of RNs employed at the facility;

9. Not allow any H-1C RN to perform nursing services at any location (worksite) other than a worksite controlled by the facility;

10. Not transfer the H-1C RNs from one work place to another.

11. Keep certain documents available for public viewing, including the application, prevailing wage determination, and petitions.

Question: Can I hire a nurse under a different program?

Answer: Yes. Employers that do not qualify for the H-1C program may hire nurses using the Permanent program or the H-1B program. Since a professional nurse is a Schedule A occupation, employers may file a Form ETA 750 directly with the USCIS. Employers may also hire a nurse as an H-1B. However, the H-1B program requires that nurse on an H-1B must have a bachelor's degree and the job that the nurse is hired to perform must require a bachelor's degree. USCIS ultimately makes the decision as to whether or not a job qualifies for an H-1B visa.