The Department of Public Health cannot hire nurses under the H-1C visa, USCIS said, because this is no longer possible.
USCIS deputy press secretary William G. Wright, in an email, said, “The H-1C nonimmigrant visa classification expired on Dec. 20, 2009. As such, USCIS may not accord H-1C status to alien beneficiaries at this time and does not accept Form I-129 petitions requesting H-1C classification.”
According to § Sec. 214.2 (h), the H-1C classification applies to any alien temporarily coming to the United States to perform services as a registered nurse and meets the requirements of section 212(m)(1) of the [Immigration and Nationality] Act and will perform services at a facility (as defined at section 212(m)6 of the Act) for which the Secretary of Labor has determined and certified to the Attorney General that an unexpired attestation is on file and in effect under section 212(m)(2) of the Act. This expired four years from June 11, 2001.
Based on the USCIS website, the H-1C nonimmigrant category was introduced in 1999 specifically to address the shortage of nurses in the United States.
The United States Congress reauthorized the Act for another three years but decided to have the expiry date for December 20, 2009.
In an earlier report by Variety, the Commonwealth Health Center, through Public Health Secretary Joseph Kevin Villagomez, claimed they still need nurses but couldn’t hire yet pending the release of the Department of Homeland Security regulations governing workers in the CNMI.
Wright told this reporter in an email, “There are no provisions available at this time other than the existing nonimmigrant categories.”
Asked if there are other avenues by which the newly privatized hospital could hire nurses from the Philippines without having to wait for the regulations for transitional workers to come out, Wright replied, “There are currently no nonimmigrant classifications specific to nursing occupations.”
He, however, said an employer may be able to petition for a temporary alien worker in a nonimmigrant classification provided that the employer is eligible to file the petition; the position qualifies for the nonimmigrant classification being sought, and the alien beneficiary is qualified to perform the position.
This reporter further inquired with USCIS if there are provisions of the law that exempt the hiring of medical professionals to make them admissible into the United States, Wright responded:
“The following is a summary of the statutes and regulations that apply to health care worker admissibility:
“Sections 212(a)(5)(B)-(C) of the Immigration and Nationality Act (INA) identify those physicians and foreign health care workers deemed to be inadmissible to the United States. Section 212(r) of the INA provides an exception to the 212(a)(5)(C) ground of inadmissibility for certain alien nurses. 8 CFR 212.15 covers certification requirements for foreign health care workers and inapplicability of the ground of inadmissibility found in Section 212(a)(5)(C) of the INA.”
Wright added 8 CFR 214.1(i)(1) also outlines requirements for nonimmigrant employment in a health care occupation.
“The licensure requirements for the H nonimmigrant classifications are outlined in 8 CFR 214.2(h)(4)(v). Finally, 8 CFR 214.2(h)(4)(viii) outlines criteria and documentary requirements specific for physicians seeking employment under the H-1B nonimmigrant visa classification,” said Wright.
LPN’s and RN’s
A nurse who declined to be identified said CHC is hiring registered nurses from the Philippines and elsewhere who have passed the NCLEX-RN.
Although they hire nurses on island, these nurses are LPN’s or licensed practical nurses who studied the practical nursing program for one year and get certified by passing NCLEX-PN.
She said some LPN’s elect to proceed to the states where they continue their studies and become registered nurses. To become a registered nurse, she said, “It’s a much longer preparation compared to LPN,” she said.
She also said a number of nurses hired from the Philippines have had years of experience handling patients in big hospitals with at least 150 beds.
She said registered nurses have more responsibilities compared to licensed practical nurses. She said on top of their regular duties, the registered nurses also supervise LPN’s and they sometimes sign off on LPN’s work.
For other information on immigration as well as procedures, visit www.uscis.gov.
