H-1C Work Visa for Registered Nurses

H-1C nonimmigrant work visa category was originally created in 1999 under the Nursing Relief for Disadvantaged Areas Act (NDRAA) for Registered Nurses working in a hospital located in a Health Professional Shortage Area (HPSA) as determined by the US Department of Labor. This visa program was extended until 2008 under the Reauthorization Act of 2005. There are only 500 H-1C visas available nationally each fiscal year. States with more than 9 million population may have 50 H-1C visas annually and states with less than 9 million population may have only 25 H-1C visas. Any unused visa in a fiscal year may be issued to states regardless of the population or numerical limitation during the last fiscal year quarter. 

Under the statute, a qualifying hospital must meet 4 requirements:

The hospital must be located in a Health Professional Shortage Area (HPSA);

The facility must have at least 190 acute care beds;

At least 35% of the facility’s acute care inpatient days must be reimbursed by Medicare;

At least 28% of the facility’s acute inpatient days must be reimbursed by Medicaid

The qualifying facility must file an attestation with the US Department of Labor.

In order to be eligible for H-1C visa, foreign registered nurse:

Must have an unrestricted license to work as a professional nurse in the country where they received their nursing training, or have received the training in the US;

Must pass an examination approved by the Health and Human Services (HHS) or have a license to work as a professional nurse in the state of employment;

Must be eligible to work as a registered nurse under both the laws of the state where they will work and the regulations of the facility where they will work. Currently, the examination is offered by the Commission on Graduates of Foreign Nursing Schools (CGFNS). CGFNS certifies that the foreign nurse’s training and license are equivalent to a similarly situated US nurse, that all their documents are authentic, that the foreign nurse has an unrestricted license, is sufficiently proficient in written and spoke English, and has in fact passed as state licensing exam. Questions regarding the exam may be directed to CGFNS through its website at www.cgfns.org.

Due to the restrictive nature of H-1C visa, we explore all options available to registered nurses including filing for green card. Please contact our office for additional information and consultation.

Green Card For Registered Nurses - Schedule A Occupation

US Department of Labor (USDOL) has listed Registered Nurses as Schedule A or pre-certified occupation under 20 CFR 656.10. This means that a US employer is not required to file an application for alien labor certification with USDOL. Instead, the employer starts the process by filing an I-140 Immigrant Petition with USCIS.

In order to work as a registered nurse (RN) in the United States and be eligible for a Green Card, the RN must possess:

•  A full unrestricted permanent license to practice nursing in the state of intended employment. A temporary license to practice nursing in the state of intended employment is not sufficient.
• The RN must have received the CGFNS Certificate .A which is issued by the Commission on Graduates of Foreign Nursing Schools Proof that the RN has passed the CGFNS nursing skills examination is not sufficient, as the nursing skills examination alone does not verify that the alien has a level of proficiency in the English language to perform the duties of a registered nurse in the United States.), or
• Evidence that the RN has passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN), administered by the National Council of State Boards of Nursing.

 If the RN is in the United States, the employer and the RN file I-140 Petition and Form ETA 9089 along with I-485 concurrently with USCIS. The RN may commence employment upon obtaining employment authorization while I-485 is pending. It is not necessary to submit the VisaScreen Certificate at the time of filing I-485. However, I-485 will be approved only after the RN presents a VisaScreen Certificate to USCIS.

 If the RN is outside the United States, the Employer must first file the I-140 Petition along with the Form ETA 9089 with USCIS. Upon approval of the I-140 Petition, USCIS will forward the approved I-140 Petition to the National Visa Center (NVC) in Portsmouth, New Hampshire. Upon receipt of the approved I-140, NVC will send the “fee bill” to the RN or her attorney. Once the processing fee is paid, NVC will send a packet to the RN or her attorney containing biographical information forms to be completed by the RN and her family members, and a list of documents that must be submitted. Upon receipt of all requested documents from the RN or her attorney, NVC will schedule an appointment for interview at the US Consulate. The RN must present  to the following documents at the Immigrant Visa interview::

    a. Application for Immigrant Visa
    b. Police Clearance
    c. Birth Certificate
    d. Marriage Certificate, if any
    e. Divorce or Death Certificate of Spouse, if any
    f.  Valid Passport
    g. Medical Examination
    h. USCIS Photographs
    i.  Recent job offer letter (or employment contract)
    j.  Financial information regarding employer
    k.Government filing fee
    l. VisaScreen Certificate.

A VisaScreen Certificate is issued only after the RN has demonstrated that:

    his/ her education, license and training in his/ her country are equivalent to education, licensure and training
    in the U.S., and,
    his or her level of competence in oral and written English are appropriate to practice professional nursing
    in the U.S.

In addition, unless the nurse was educated in an English-speaking country (U.S., Australia, New Zealand, Ireland, United Kingdom or Canada - all provinces except Quebec), she must achieve a certain score on tests in written and spoken English administered by TOEFL (Test Of English As A Foreign Language) or MELAB (Michigan English Language Assessment Battery) in order to qualify for a VisaScreen certificate.

A licensed practical Nurse does not qualify under Schedule A Occupation.  

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