NON-IMMIGRANT VISAS
H-1C - Members of the Nursing Profession
The H-1C visa category is for registered nurses
seeking temporary employment in the United States. Employment is limited to
areas designated as "health professional shortage areas" by the Department of
Health and Human Services (DHHS). Registered nurses practicing under the H-1C
visa may be admitted for three years with no extensions.
WHO QUALIFIES
To qualify for the H-1C visa, a nurse must have
a full and unrestricted license to practice professional nursing in the country
where he/she obtained his/her nursing education, or have received nursing
education in the U.S.; have passed an appropriate examination (determined by the
DHHS), or have a full and unrestricted license to practice as a registered nurse
in the state of intended employment; and be fully qualified and eligible under
the state laws and regulations of the state of intended employment to practice
as a registered nurse immediately upon admission to the U.S.
Nurses may satisfy the requirements for the H-1C visa by obtaining a certification from the
Commission on Graduates of Foreign Nursing
Schools (CGFNS), or by obtaining certification from an independent credentialing organization approved
by the Attorney General and the DHHS; and passing the NCLEX-RN examination.
DO YOU QUALIFY FOR THE H-1C VISA? WHAT NEXT?
The employment must be approved in advance by
the United States Citizenship and Immigration Services (USCIS) of DHS on a basis
of a petition, form I-129C,
filed by the U.S. hospital. The employer is required to file an attestation on
form ETA-9081 with the Department of Labor (DOL) certifying that the hospital is
qualified to employ professional nurses before filing the petition with the
USCIS Service Center having jurisdiction over the area where the employment will
take place.
WHAT HAPPENS ONCE THE PETITION HAS BEEN APPROVED BY THE USCIS?
Once an H1-C petition has been approved in your
name you will be need to apply for a visa before traveling to the United States.
The Notice of Action, form I-797A or B, is not valid for travel unless
accompanied by the appropriate visa. Read more...
SPOUSES, CHILDREN & PARTNERS
Spouses and/or children under the age of 21 who
wish to accompany or join the principal visa holder in the United States for the
duration of his/her stay may apply for derivative H-4 visas. The application
procedure is the same; the I-797A or B covers dependents. If the spouse and/or
children apply for visas at a later date, a copy of the principal visa holders
H-1C visa must be furnished with the application.
Spouses and/or children who do not intend to
reside in the United States with the principal visa holder, but visit for
vacations only, may be eligible to apply for visitor (B-2) visas,
or if qualified, travel visa free under the Visa Waiver Program.
To partners and common-law spouses.
H-4 VERSES F-1
The spouse and/or children of an H-1 visa
holder may study on an H-4 visa. However, if they are qualified, they may apply
for the F-1 visa. If you have school age children, you should refer to the
regulations governing the issuance of F-1 visas.
WORKING ON AN H-4 VISA
The holder of an H-4 visa may not work
on a derivative visa. If he or she is seeking employment, the appropriate work
visa will be required.
HOW TO APPLY
To apply for a visa as a member of the nursing profession.
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