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H-1C Visa - Frequently Asked Questions

39.

Can you provide some information on adjudication of H-1B petitions filed on behalf of the registered nurses?

The purpose of the memorandum is to provide field offices with guidance on adjudication of H-1B petitions when the beneficiary is a registered nurse (RN). This memorandum clarifies that while typical RNs generally do not meet the requirements for H-1B classification, foreign nationals in certain specialized RN occupations are more likely than typical RNs to be eligible for H-1B status.

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40.

What are the responsibilities of employers of H-1C registered nurses?

  • Return Costs of Transportation: Unlike H-1B status, the facility employing the foreign registered nurse is not required to pay the costs of return transportation if it terminates the H-1C employment.
  • Roving Employment: H-1C status cannot be used to authorize foreign nurses to provide services to worksites other than those controlled by the facility, and cannot work at more than one worksite even if the worksites are all controlled by the facility.
  • Administrative Duties of Employers of H-1C Employees: Three administrative obligations arise once a facility employs H-1C registered nurse. The facility must provide a copy of each H-1C petition and USCIS approval of the same to the Department of Labor within five days of the facility's receipt of the USCIS' approval. Usually, the facility's immigration attorney will fulfill this obligation on the facility's behalf. The facility must keep certain documents available for public inspection:
  • The Attestation
  • The facility's pay schedule for nurses
  • Evidence of its efforts to retain U.S. registered nurses
  • Notices of any strikes or labor disputes involving registered nurses at the facility, and copies of notices of the facility's intent to petition for H-1C nurses

Note: Usually, the facility's immigration attorney will prepare the initial file for the facility. Thereafter, the facility must file the requisite documents approximately once a year. The facility must notify the Immigration and Naturalization Service if the H-1C registered nurse ceases to be licensed as a registered nurse in the state of intended employment.

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