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  Home >> Visa Information >> H1C(Rigistered Nurse) of USA Visa


H-1C Category (Registered Nurse)
An H-1C category applies to an Indian citizen who wishes to visit temporarily to US to perform services as a registered nurse, who meets the requirements, and will perform services at a hospital for which the Secretary of Labor has determined and certified to the Attorney General that an unexpired attestation is on file and in effect.

For the purpose of H-1C classification the term "registered Nurse" means a person who is or will be authorized by the State Board of Nursing to engage in registered nurse practice in a State or U.S. territory or possession, and who is or will be practicing at a facility which provides health care services.

Category

Form

Fee

Validity

H-1C Registered Nurse

DS-156
DS-157
I-129

Refer to Visa Fee earlier

3 years


Petition for registered nurse (H-1C)
The employing hospital have to file an H-1C petition for an Indian nurse to perform the services of a registered nurse, if the hospital meets the eligibility standards and other requirements of the Department of Labor's regulations.

The candidate must have involved in a nursing practice and require licensure or other authorization to practice as a registered nurse from the State Board of Nursing in the state of intended employment.

A petition or application for change of status for an H-1C candidate may be filed and adjudicated only at the Vermont Service Center.

Requirements of a Candidate
An H-1C petition for a nurse shall be accompanied by evidence that the nurse
Has acquired a full and permanent license to practice nursing in India where the candidate acquired education, or has acquired nursing education in the US

Has passed the Commission on Graduates of Foreign Nursing Schools (CGFNS) exam, or has acquired a full and permanent license to practice as a registered nurse, or has acquired a full and permanent license in any state or territory of the US and received temporary authorization to practice as a registered nurse in the state of intended employment; and

Is fully qualified and eligible under the laws (licensing requirements which authorizes the candidate to work) governing the place of employment to practice as a registered nurse, and is authorized under such laws to be appointed by the hospital. The temporary or interim licensing can be obtained immediately after the candidate enters the US.

Requirements of the Employer
The hospital must submit the following with an H-1C petition:
A latest copy of DOL's notice of acceptance of the filing of its attestation on Form ETA 9081;
A statement detailing the limitations which the laws of the state or jurisdiction of work area on the Indian candidate's services; and


Proof that the Indian candidate(s) named in the petition meets the requirements of a registered nurse.

Licensure requirements
The Indian nurse who is granted H-1C category based on passage of the CGFNS examination, upon admission to US, be able to obtain temporary licensure or other temporary authorization to work as a registered nurse from the State Board of Nursing in the state of work area.

The Indian nurse who was given H-IC status on the basis of a temporary license or authorization to practice as a registered nurse must comply with the licensing requirements for registered nurses in the state of work area. The Indian nurse admitted as an H-IC nonimmigrant needs to acquire a full and permanent license if required by the state of work area.

The nurse will automatically lose the eligibility for B-IC status if he/ she is no longer performing the duties of a registered professional nurse and is not authorized to remain in the job unless he/ she receives authorization from the Service.

Other Requirements
If the Secretary of Labor informs the Service that a hospital which employs the nurse has failed to meet any condition in its attestation, or any misrepresentation, the Service will not approve the H-IC petition at least for a period of one year from the date of receipt of such information. The Secretary of Labor shall make a recommendation about the length of ineligibility. If the Secretary of Labor recommends a longer period of ineligibility, the Service will give considerable weight to that recommendation.

If the attestation of the hospital expires, or is suspended or invalidated by DOL, the Service will not suspend or cancel the hospital's approved petitions for nurses, provided the hospital has agreed to comply with the terms of the attestation under which the nurses were admitted or subsequent attestations accepted by OOL for the duration of the nurse's authorized stay.

Limitations on Admission
The maximum allowed period of admission of anH-1C candidate is 3 years. The maximum period of admission for an H-IC candidate begins on the date the H-IC candidate is admitted to the US and ends on the third anniversary of the candidate's admission date. The time spent out of US for business or personal reasons during the validity period of H-1C petition is also counted towards the candidate's maximum period of admission.

An H-1C candidate cannot get an extension of stay beyond the third anniversary date of initial admission to the US.

Effect of approval of a permanent labor certification or filing of a preference petition on\ H-IC classification'
The approval of a permanent labor certification or the filing of a preference petition for a candidate shall not be a reason to deny an H-1C petition or a request to extend such a petition, or the candidate's admission, change of status, or extension of stay. The candidate may legitimately come to the US for a temporary period as an H-IC nonimmigrant and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the United States.

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