Rights and Obligations of an H1C Visa Holder

Although the H1C visa program is no longer available, understanding the rights and obligations it conferred on visa holders can offer a blueprint for similar visa categories:

• H1C visa holders were allowed to work only at the designated healthcare facility that sponsored their visa.
• The visa was initially granted for three years, with the option for extension if the shortage persisted.
• Nurses under this program were entitled to the same workplace protections as U.S. employees, including fair wages and safe working conditions.

Did you know

It’s No Secret that nursing shortages are on the rise, and more healthcare providers are turning to foreign-trained nurses. We can guide you through the H-1C visa process, so you can start your U.S. nursing career smoothly.

Common Reasons for Denial of an H1C Visa

Visa denials under the H1C visa program often stemmed from a failure to meet specific program requirements. Some of the most common reasons for denial included:

• If the employer did not secure an approved Labor Condition Application, the petition would be denied.
• Only U.S. hospitals in designated Health Professional Shortage Areas could hire under this visa category. Hospitals outside these regions were ineligible.
• Missing documents, such as proof of licensing or educational qualifications, could delay or result in denial of the application.

Bringing Dependents to the U.S. on an H1C Visa

Registered nurses who held an H1C visa were eligible to bring their immediate family members—spouses and unmarried children under the age of 21—to the U.S. under the H-4 visa category. However, like other H-4 dependents, they were not authorized to work during their stay. The dependents could study but had to obtain separate work authorization if they wished to pursue employment.

“While H1C visa holders could bring their families to the U.S., dependents were limited in their ability to work, which is something that must be considered when planning a move to the U.S.”

Extending an H1C Visa

The H1C visa was issued for up to three years, but extensions were possible if the hospital remained in a Health Professional Shortage Area and the nurse’s services were still required. The process for extending an H1C visa included:

• A new Labor Condition Application had to be submitted and approved for each extension.
• File an Extension with USCIS employer needed to file a petition to extend the nurse’s stay for an additional period, usually up to another three years.
• The medical visa United States system is often complex, but processing times for extensions were generally shorter than initial visa applications.

H1C Visa and Permanent Residency Options

Though the H1C visa program ended, nurses who held an H1C visa and wished to remain in the U.S. permanently could explore various options for transitioning to permanent residency. Employers could sponsor them for a green card through the employment-based immigration process, typically starting with a PERM Labor Certification and moving forward with an I-140 Immigrant Petition.

How Bay Area Immigration Services (BAIS) Can Help You

At Bay Area Immigration Services (BAIS), we understand the complexities of navigating the U.S. immigration system, especially when it comes to securing a medical visa United States option for healthcare professionals like registered nurses. While the H1C visa program has ended, other immigration pathways remain open for qualified nurses seeking to work in the U.S. If you are a registered nurse looking to immigrate to the U.S. under different visa categories, we can help.

Our team of immigration consultants provides tailored advice for registered nurses, ensuring that your application meets all regulatory requirements. We assist with document preparation, including securing necessary credentials, certifications, and labor market approvals. Our goal is to make the process as smooth as possible, ensuring that you or your healthcare facility has all the resources necessary to file a strong visa application.

Whether you’re a registered nurse exploring the registered nurse program opportunities in the U.S. or a hospital looking to hire international staff, BAIS can guide you through the entire process, from preparing the Labor Condition Application (LCA) to filing visa petitions and even transitioning to permanent residency if that is your goal. We’re here to support you at every stage of the process.

Conclusion

The H1C visa was a valuable program for addressing nursing shortages in the U.S., providing a streamlined pathway for registered nurses to work in critical shortage areas. Although the program ended, it left a lasting impact on U.S. immigration policies related to healthcare professionals. Understanding the registered nurse program that the H1C visa represented gives valuable insight into how targeted visa categories can meet specific workforce needs. For registered nurses seeking opportunities to work in the U.S. today, various other medical visa options exist, each with its own set of requirements.

At Bay Area Immigration Services (BAIS), we offer comprehensive support for healthcare professionals looking to secure a medical visa in the United States option. From preparing applications to guiding you through complex immigration processes, our team is committed to helping you achieve your career goals in the U.S. If you’re a registered nurse or healthcare employer looking to navigate U.S. immigration laws, BAIS is ready to assist.