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H-1C Visa - Frequently Asked Questions

33.

What are the penalties that the attorney general may impose on facilities?

The NRDAA establishes that, if the Secretary of Labor finds that a facility (for which an attestation is made) has failed to meet a condition attested to, or that there was a misrepresentation of material fact in the attestation, the Secretary may impose such administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per nurse per violation, with the total penalty not to exceed $10,000 per violation) as the Secretary of Labor deems appropriate. The Secretary of Labor shall also notify the Attorney General of such finding and provide a recommendation regarding the length of the debarment period. The Service will give considerable weight to the Secretary's determination. Upon receipt of such notice, the Service will make a final determination as to the length of the period of debarment. The Service shall not approve H-1C petitions filed by that facility for foreign nationals to be employed by the facility for a period of at least one year.

34.

Can I change employers on H-1C visa?

Yes, you may change employers on H-1C visa, provided you have not reached the limit of your maximum period of stay in the U.S. H-1C petitions filed by a subsequent facility will be counted against the numerical limitation for the state of the foreign national's intended employment if the subsequent employment is in a different state.

The H-1C nonimmigrant foreign national may not change employers until such time as the Service approves a new H-1C petition filed in the foreign national's behalf by the new employer.

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35.

Can I complete a three-year period of stay; depart the U.S., and reapply for admission on H-1C at a later date?

No, the statute provides that the period of admission to the U.S. for H-1C nonimmigrant foreign nationals is three years. The Service interprets this three-year period of time to represent the maximum period of admission for H-1C foreign national. Your maximum period of admission begins on the date of your initial admission to the U.S. and ends on the third anniversary of that date. Temporary absences outside of the U.S. for either business or personal reasons count towards your maximum period of admission. Once you have reached the maximum period of admission in the U.S., you are ineligible to receive an extension of temporary stay.

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