Are you a registered nurse wanting to work in the U.S.? Peek & Toland Law Firm can help.
Peek & Toland Law Firm is a full service immigration firm that works with foreign workers in all industries who are seeking a visa to live and work in the U.S. If you are a registered nurse seeking a H-1C2 visa, or if you are a foreign registered nurse interested in living and working in the U.S., contact our office to discuss your eligibility. Our experienced immigration team can help you file all the necessary applications, answer any questions you may have, and ensure your application is accurate and complete for USCIS to review and approve.
H-1C2: Registered Nurses
Registered Nurse Visas are normally visas provided to registered nurses for the purpose of working in an area with a shortage of healthcare professionals as determined by the U.S. Department of Labor.
Eligibility Criteria
To qualify for an H-1C visa an applicant must:
- Have a full and unrestricted nursing license in the country where your nursing education was obtained, or have received a nursing education and license in the United States
- Be authorized by the appropriate U.S. State Board of Nursing to practice within the state
- Have passed the examination given by the Commission on Graduates for Foreign Nursing Schools (CGFNS), or have a full and unrestricted license to practice as an Registered Nurse in the state where you will work, or have a full and unrestricted Registered Nurse’s license in any state and have received temporary authorization to practice as an Registered Nurse in the state where you will work.
- Have been fully qualified and eligible under the state laws of the state of intended employment to practice as a Registered Nurse immediately upon admission to the United States
The employer must meet edibility criteria in order to file a Form I-129, Petition for Nonimmigrant Worker, under the H-1C Program. To qualify, the U.S. employer must:
- Be a “subpart D” hospital under the Social Security Act
- Be located in a “Health Professional Shortage Area”
- Have at least 190 acute care beds
- Have a Medicare population of no less than 35%
- Have a Medicaid population of no less than 28%
- Be certified by the Department of Labor
Period of Stay/Extension of Stay
| Initial Period of Stay | Extension of Stay |
| Up to 3 years | Total stay is limited to 3 years. An extension of stay to complete the 3 year period of admission may be granted. However, an extension of stay may not be granted to extend the period of admission beyond the initial 3 year period of time. |
Change of Employer
H-1C non-immigrant classification is limited to employment with the specific hospital that filed the petition. A change of employer requires the H-1C visa holder’s new employer to file a new Form I-129, Petition for Non-immigrant Worker. An H-1C visa holder cannot begin working for new employer until his or her Form I-129 is approved.
Family of H-1C Visa Holders
The H-1C visa holder’s spouse and unmarried children under 21 years of age are entitled to H-4 classification. H-4 is the non-immigrant classification for dependents of H principal aliens. A H-1C visa holder’s dependents may not work in the United States under the H-4 classification.
H-1C Visa Cap
Only 500 H-1C visas will be issued each fiscal year. Also, there are numerical limitations for each state based on the state’s population.