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H-1C Visa - Frequently Asked Questions


What are the special obligations that hospitals should follow while hiring H-1C Registered Nurses?

The hospitals should:

  • Provide every RN who works at the hospital with a copy of its application (Form ETA-9081) which specifies certain terms and conditions of employment
  • Notify U.S. workers of the intent to petition for H-1C RNs
  • Pay at least the prevailing wage for the local area in which all RNs are employed by the hospital (including U.S. RNs)
  • Pay the foreign nurses at least the same wage paid to similarly employed U.S. RNs
  • Take timely and significant steps to recruit and retain U.S. RNs to reduce its dependence on temporary foreign nurses
  • Not hire H-1C RNs during a strike/lockout involving RNs at the hospital
  • Not lay off any U.S. RNs during the period from 90 days before until 90 days after filing any H-1C petition with the USCIS
  • Limit the total number of H-1C RNs employed to no more than one-third of the total number of RNs employed at the facility
  • Not allow any H-1C RN to perform nursing services at any location (worksite) other than a worksite controlled by the facility
  • Not transfer the H-1C RNs from one work place to another
  • Keep certain documents available for public viewing, including the application, prevailing wage determination, and petitions
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