INS Issues H-1C Nurse Program Regulations
Posted Sep 01, 2000

INS has finally issued regulations regarding the H-1C Nurse Program. As some of you may recollect, in December of 1999 we announced the November 1999 passage of a bill that included a new "H-1C" temporary visa category for registered nurses.

The basic features of the H-1C program are as follows: H-1C nurses must be working in locations designated as Health Professional Shortage Areas. Health care facilities employing H-1C nurses need to have at least 190 acute care beds, and there are other requirements, including attestations similar to some of the required H-1A and H1B attestations. Usage of this category will be limited to 500 nurses per year.

As described in our January 28, 2000 MurthyBulletin, which offers background on the reasons for enacting the H-1C category, it is extremely difficult to obtain H1B status for nurses. This is because Registered Nurse positions do not necessarily require Bachelor's degrees. The H-1A category was originally developed to address this problem and respond to a nursing shortage in 1989; however, the H-1A legislation was allowed to expire in 1997.

To date, no H-1C petitions have been processed under the November 1999 law, because the INS has not had the regulations necessary to implement the program. On August 22, 2000, the INS published an interim rule setting forth procedures and criteria for the H-1C nurse program. The INS is soliciting comments until September 21, 2000. The INS will then review the comments and issue a final regulation. Until the final regulations are in effect, all H-1C petitions will continue to be held at INS Service Centers.