Health Care Workers Bill Signed into Law
Posted Dec 27, 1999

In recent previous editions of The Law Office of Sheela Murthy, P.C. (LOSM) Bulletin, we commented on a proposal for a new H-1C nurse category and also on the restoration of National Interest Waiver (NIW) eligibility for certain foreign physicians. Both of these initiatives were included in a Bill which was recently signed into law.

The H-1C nurse program, in its final form, is quite similar to the initial proposals, as outlined in our earlier edition of the LOSM Bulletin. There are certain restrictive requirements with regard to the size, location and type of health care facility, and the employer must file an "attestation" with the Department of Labor, as with the now-expired H-1A nurse program. Only 500 visas per year may be issued in the H-1C category.

With respect to the NIW for physicians, we reported in a previous edition of the LOSM Bulletin that the proposal had passed, and promised that details would follow. The law states that the INS must grant an NIW for a foreign physician who has agreed to work full time in a designated health professional shortage area (HPSA) or the Department of Veterans' Affairs (VA) hospital, and whose work has already been determined (presumably as a part of the J-1 waiver process) by a federal agency or state department of public health to be in the public interest.

The final stage of green card processing (adjustment of status/I-485 or consular processing of an immigrant visa) cannot be completed until the medical doctor has worked full time in the HPSA or VA facility for five years, not including time in J-1 status. It is possible to file the adjustment application prior to that time, but it will not be approved until the five (5) year requirement has been met.

Note that the provision allowing the medical doctor to file for adjustment of status prior to completion of the required employment period, does not apply to NIWs approved before the date of enactment of the new legislation. Under the old rules, a doctor did have to wait until after completing three years in the HPSA or VA hospital (not including time in J-1 status) before filing the I-485. This new law does not change that requirement, for physicians who already have NIW approvals.