H-1C Visa

H-1C Visa

An H-1C visa is available to a foreign national nurse who will work temporarily for a US employer sponsor in an area that the US Department of Labor has determined has a nurse shortage. The nurse must have an unrestricted nursing license in the country where he/she was licensed; be authorized by the appropriate US State Board of Nursing to practice within the state; must obtain a visa screen (see www.cgfns.org/sections/programs/vs for additional information); and must work at a US facility that provides health care services. The H-1C visa may be granted for no more than three years. This program was recently extended until 2009.

A petition for H-1C status is filed with the US Citizenship and Immigration Services (USCIS) Regional Service Center. The USCIS may take several months to process an H-1C. However, for an additional $1,000.00 processing fee, the USCIS will adjudicate the petition in 15 days.

H-1C Cap

The US government limits the number of new H-1C Visas to 500 per year (the government’s year runs from October 1 to September 30). Once this limit, or “cap”, is reached, an employer cannot employ a foreign national in H-1C status until the next fiscal year begins.

Changing H-1C Status And International Travel

A foreign national in the US in a lawful immigration status (not H-1C), who is applying for a change to H-1C status, generally should not travel outside the US while his/her petition is pending. The USCIS can deny a change of status petition if it determines that a foreign national has departed the US while the H-1C petition is pending.

Family Members

The H-4 Visa is available to the spouse and children under the age of 21, who are accompanying the H-1C applicant to the US. The H-1C Visa is generally granted for the same period of admission that the primary H-1C Visa holder receives, and must be extended accordingly. As with H-1C change of status petitions, international travel should be put on hold for those filing a change to H-4 status.