INS Issues Regulations for H1C Nurse Category – June 11, 2001
Posted Jun 15, 2001

In the May 11, 2001 MurthyBulletin we presented an overview of the H1C temporary visa category for nurses to work in medically underserved areas. There are specific requirements with respect to the type of health care facility that is eligible to petition for H1Cs, as well as with regard to the qualifications of the beneficiary. For details on those requirements, kindly refer to our May 11, 2001 article entitled Overview : H1C Visas for Registered Nurses. The H1C visa category was established by the Nursing Relief for Disadvantaged Areas Act of 1999 (NRDAA) (Pub. L. No. 106-95).

Finally, on June 11, 2001, after about one and half years, the INS issued regulations, effective immediately, to implement the H1C category. The regulation instructs employers that all H1C petitions are to be filed exclusively at the Vermont Service Center (VSC), regardless of the location of the employment. VSC's difficulty in keeping up with the H1B caseload does not bode well for the timely processing of H1C petitions. The H1C petition is submitted on the same form used for the other temporary work visas.

Information to be included in the package is proof of having filed the required "attestation" with the U.S. Department of Labor (DOL). This attestation is not the same as the Labor Condition Application used for H1Bs; rather it is similar to the attestations used for the now-expired H1A nurse category. It is also necessary to include information on state licensing requirements and proof of the beneficiary's credentials. More than one nurse can be included in a petition.

Only 500 H1C visas can be issued in a given fiscal year (October 1 through September 30). There are also caps imposed on individual states. States with a larger population will receive a larger allocation than states with less population.

The maximum period of stay in H1C status is three years. Temporary absences abroad count toward that limit, so it would not be possible to "recapture" time spent abroad during the H1C period. Also, unlike the H1B, a person who has been in the U.S. for three years in H1C status could not return home for some period of time and later reapply for H1C. (H1Cs who wish to remain longer in the United States would be well advised to file for permanent residency. There is a streamlined process to file for permanent residency, known as Schedule A, for nurses.)

Please note that the H1C category is scheduled to expire on June 13, 2005, so all H1C petitions must be filed by that date. We at The Law Office of Sheela Murthy encourage health care employers to lobby Congress for a longer-term solution to the acute nursing shortages in many areas of the country.