| Foreign Labor Certification |
H-1C Nurses in Disadvantaged Areas
On This PageNew H-1C Notices
March 5, 2010: The Department published in the Federal Register a Final Rule regarding Attestation Applications by Facilities Temporarily Employing H-1C Nonimmigrant Foreign Workers as Registered Nurses. The Final Rule publishes regulations to implement the Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005 (NRDARA), which reauthorized the Nursing Relief for Disadvantaged Areas Act of 1999 (NRDAA). The interested public should note that the H-1C visa category expired at the end of 2009 and that the Department is not accepting any new attestations under the H-1C program; this publication will assist enforcement. To read the full text of the Final Rule, please click here.
Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005
The Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005, Pub. L. 109-423, took effect December 20, 2006. The Act reauthorized the H-1C nonimmigrant nurses program, a program originally created by the Nursing Relief for Disadvantaged Areas Act of 1999. Under this program, eligible hospitals file attestations with the Department of Labor, Office of Foreign Labor Certification which, if approved, will support nonimmigrant worker petitions filed with the Department of Homeland Security, U.S. Citizenship and Immigration Services. The Department of Health and Human Services has informed the Office of Foreign Labor Certification that the same hospitals eligible for the original program continue to be eligible. These were listed in the Department of Labor's Interim Final Rule implementing its portion of the H-1C program published on August 22, 2000 (65 Fed. Reg. 51138). The Employment and Training Administration, under the authority of the new public law, is reinstating the H-1C labor attestation program and is accepting applications by qualified hospitals. Please address questions to the Office of Foreign Labor Certification at (202) 693-3010.
Overview
The Nursing Relief for Disadvantaged Areas Act of 1999 and its reauthorization in December of 2006 allows qualifying hospitals to employ temporary foreign workers (nonimmigrants) as Registered Nurses (RNs) for up to three years under H-1C visas. Only 500 H-1C visas can be issued each year during the three year period of the H-1C program (2006-2009). The sponsoring employer must pay a filing fee of $250 for each Attestation for certification filed with the Department of Labor (DOL).
Hiring a nurse under a different program
Employers that do not qualify for the H-1C program may hire nurses using the Permanent program or the H-1B program. Since a professional nurse is a Schedule A occupation, employers may file a Form ETA 9089 directly with the USCIS. Employers may also hire a nurse as an H-1B. However, the H-1B program requires that a nurse on an H-1B have a bachelor's degree, and the job that the nurse is hired to perform requires a bachelor's degree. USCIS ultimately makes the decision as to whether or not a job qualifies for an H-1B visa.
Qualifying Criteria
The sponsoring employer is required to meet strict criteria to employ foreign RNs under the H-1C program. Broadly, these include:
- be a "subpart D" hospital under the Social Security Act;
- be located in a Health Professional Shortage Area as of March 31, 1997; (Lists of Designated Primary Medical Care, Mental Health, and Dental Health
Professional Shortage Areas; Notice)
- have at least 190 acute care beds according to the 1994 cost report;
- have a Medicare population of 35% according to the 1994 cost report; and
- have a Medicaid population of 28% according to the 1994 cost report.
The qualifying RN must:
- have obtained a full and unrestricted license to practice in the country where the nursing education was obtained, or
- have received a nursing education in the U.S.;
- (a) have passed the examination given by the Commission on Graduates for Foreign Nursing Schools (CGFNS); or (b) have a full and unrestricted license to practice as an RN in the state where the RN will work; or (c) have a full and unrestricted RN's license in
any state and have received temporary authorization to practice as an RN in the state where the RN will work; and
- be fully qualified and eligible under the laws governing the place where the RN is to work to practice as an RN immediately upon admission to the U.S., and be authorized under such laws to be employed by the hospital.
Filing Process
To file an attestation for a H-1C visa, the sponsoring hospital must:
- Complete DOL Employment and Training Administration Form ETA 9081, Attestation for H-1C Nonimmigrant Nurses, which contains the required attestation elements. If it is the first
attestation filed by the hospital under H-1C, copies of the hospital's Form HCFA 2552 from the 1994 cost reporting
period filed with HHS, which provides information on acute care beds, and percentage of Medicare/Medicaid patients,
must accompany the Form ETA 9081. The form also requires an attestation by the hospital that it has taken timely
and significant steps to retain sufficient registered nurses who are U.S. citizens or immigrants who are authorized
to perform nursing services.
- The Form ETA 9081, signed by the chief executive officer of the facility, must be submitted to:
National Certifying Officer
Office of Foreign Labor Certifications
Employment and Training Administration
U.S. Department of Labor, Room C-4312
200 Constitution Avenue, NW
Washington, DC 20210
- filing fee of $250 per attestation must be included.
- After the DOL accepts the application, the hospital will be notified. The hospital can then file a Petition for Nonimmigrant Worker (USCIS Form I-129) with the U.S. Citizenship and Immigration Services.