B
O
C
PHYSICIANS (H-1B Visas)
What is an H-1B visa?
An employer seeking to employ a foreign worker temporarily in a
specialty occupation uses the H-1B program. Specialty
occupations require theoretical and practical application of a body
of highly specialized knowledge along with at least a bachelor's
degree or its equivalent, and medicine and healthcare providers
fall into this category.
How do I apply for an H-1B visa?
The H-1B visa classification requires a sponsoring U.S. employer.
The employer must file a labor condition application with the U.S.
Department of Labor. The application includes declarations
including payment of prevailing wages for the position and
working conditions offered.
The employer must then file an I-129 petition with the Bureau of
Customs and Immigration Service and, unless specifically
exempted under law, pay filing fees. Based on USCIS petition
approval, the foreign worker may apply for the H-1B visa,
admission or a change of nonimmigrant status.
Professionals of extraordinary ability have several different
options, so it is important that you work with an experienced
attorney to maximize your chance to live and work in the United
States of America.
Our Immigration Law Group has worked successfully with many
physicians, Ph D's, and experts in healthcare and other sciences
to secure legal entry, work permits, and lawful permanent
residence in the U.S. Please call us now to find out how we can
assist you.
NURSES (H-1C Visas)
Who is Covered
The Nursing Relief for Disadvantaged Areas Act of 1999
(NRDAA) allows qualified 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 four-
year period of the H-1C program. To qualify for this program, a
hospital must:
Basic Provisions/Requirements:
A qualified hospital ("facility") begins the process by filing an
attestation with the Department of Labor that addresses eight
elements. Among other things, these elements require the
prospective employer of H-1C nurses to pay no less than the
prevailing wage to all RNs (both U.S. and H-1C); notify all RNs at
the facility of its intent to petition for H-1C nurses; take steps to
recruit, train and retain U.S. RNs; and not lay off any U.S. RN
while petitioning for H-1C nurses.
When the Department accepts the attestation for filing, the facility
may file a petition with the Immigration and Naturalization Service
(INS) for the admission of H-1C nurses. The facility must keep
certain documents available for public inspection, including the
Attestation, the facility pay schedule for nurses, evidence of its
efforts to retain U.S. RNs, notices of any strikes or labor disputes
involving RNs at the facility, and copies of notices of the facility's
intent to petition for H-1C nurses.
The Employment and Training Administration (ETA) administers
the attestation process, while the Wage and Hour Division of the
Employment Standards Administration determines whether a
hospital has complied with the attestations.
What is an H-1B visa?
An employer seeking to employ a foreign worker temporarily in a
specialty occupation uses the H-1B program. Specialty
occupations require theoretical and practical application of a body
of highly specialized knowledge along with at least a bachelor's
degree or its equivalent, and medicine and healthcare providers
fall into this category.
How do I apply for an H-1B visa?
The H-1B visa classification requires a sponsoring U.S. employer.
The employer must file a labor condition application with the U.S.
Department of Labor. The application includes declarations
including payment of prevailing wages for the position and
working conditions offered.
The employer must then file an I-129 petition with the Bureau of
Customs and Immigration Service and, unless specifically
exempted under law, pay filing fees. Based on USCIS petition
approval, the foreign worker may apply for the H-1B visa,
admission or a change of nonimmigrant status.
Professionals of extraordinary ability have several different
options, so it is important that you work with an experienced
attorney to maximize your chance to live and work in the United
States of America.
Our Immigration Law Group has worked successfully with many
physicians, Ph D's, and experts in healthcare and other sciences
to secure legal entry, work permits, and lawful permanent
residence in the U.S. Please call us now to find out how we can
assist you.
NURSES (H-1C Visas)
Who is Covered
The Nursing Relief for Disadvantaged Areas Act of 1999
(NRDAA) allows qualified 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 four-
year period of the H-1C program. To qualify for this program, a
hospital must:
- Be a "subpart d" hospital under the Social Security Act;
- Be located in an area with a shortage of health
professionals; - Have at least 190 acute care beds;
- Be reimbursed by Medicare for at least 35% of acute care
inpatient days; and - Be reimbursed by Medicaid for at least 28% of acute care
inpatient day
Basic Provisions/Requirements:
A qualified hospital ("facility") begins the process by filing an
attestation with the Department of Labor that addresses eight
elements. Among other things, these elements require the
prospective employer of H-1C nurses to pay no less than the
prevailing wage to all RNs (both U.S. and H-1C); notify all RNs at
the facility of its intent to petition for H-1C nurses; take steps to
recruit, train and retain U.S. RNs; and not lay off any U.S. RN
while petitioning for H-1C nurses.
When the Department accepts the attestation for filing, the facility
may file a petition with the Immigration and Naturalization Service
(INS) for the admission of H-1C nurses. The facility must keep
certain documents available for public inspection, including the
Attestation, the facility pay schedule for nurses, evidence of its
efforts to retain U.S. RNs, notices of any strikes or labor disputes
involving RNs at the facility, and copies of notices of the facility's
intent to petition for H-1C nurses.
The Employment and Training Administration (ETA) administers
the attestation process, while the Wage and Hour Division of the
Employment Standards Administration determines whether a
hospital has complied with the attestations.
BOGLE
OKOYE
CHANG
 | |  |
BOGLE & CHANG, LLC
Copyright © 2008 Bogle & Chang, LLC. All Rights Reserved.
 | |  | |  | |  | |  | |  | |  |
 | |  | |  | |  |
Healthcare Workers: Physicians and Nurses
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |  |  |  |  |  |  |  |  |
