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H-1C Visa - Frequently Asked Questions

9.

Where should the H-1C petition be filed?

All H-1C petitions must be filed using Form I-129, Petition for a Nonimmigrant Worker, at the Vermont Service Center (VSC). If you are applying as an RN, you may not apply directly for H-1C visa. The hospital, sponsoring employer/an agent has to first petition for the H-1C visa. When the petition gets approved, you as an RN can then apply for the visa.

10.

How to petition for H-1C registered nurse visa?

The H-1C petition may only be filed by a U.S. employer hospital (facility) that has filed an attestation on Form ETA-9081, Attestation for H-1C Nonimmigrant Nurses, with the U.S. Department of Labor. For information on how to file an attestation with the Department of Labor, please visit the Department of Labor's Employment and Training Administration division.

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11.

What is the supporting documentation required for the Hospital or Employer Petition to be filed with H-1C petition?

The Form I-129, Petition for Nonimmigrant Worker should be filed by the facility with:

  • A current copy of the Department Labor's acceptance of the filing of an attestation on Form ETA-9081, Attestation for H-1C Nonimmigrant Nurses
  • A statement from the facility describing any limitation which the laws of the state or jurisdiction of intended employment place on the foreign national's services
  • Evidence that the foreign national(s) named on the petition is a person who is or will be authorized by a State Board of Nursing to engage in registered nurse practice in a state or U.S. territory or possession, and who is or will be practicing at a facility which provides health care services
  • Evidence that the foreign national(s) named on the petition has passed the examination given by the Commission on Graduates of Foreign Nursing Schools (CGFNS), or has obtained a full and unrestricted (permanent) license to practice as a registered nurse in the state of intended employment or has obtained a full and unrestricted (permanent) license in any state or territory of the U.S. and received temporary authorization to practice as a registered nurse in the state of intended employment
  • Evidence that the foreign national(s) has obtained a full and unrestricted license to practice professional nursing in the country where the foreign national obtained nursing education or has received nursing education in the U.S. and
  • Evidence that the foreign national(s) named on the petition is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse to be employed) governing the place of intended employment to practice as a registered nurse immediately upon admission to the U.S., and is authorized under such laws to be employed by the employer
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