February 12th, 2010

In 1999, Congress passed the Nursing Relief for Disadvantage Areas Act (the “Act”), which created the H1-C Visa for foreign nurses. The Act was passed to help relieve the shortage of qualified nurses in the medical community by providing a way for foreign nurses to immigrate to this country. In 2005, Congress reauthorized the Act for three years, but implemented a sunset date of December 20, 2009.

As of December 21, 2009, the H-1C Visa Program has expired. For nurses already here on a H-1C Visa, this expiration has no effect. They can remain in this country until their Visa expires. Moreover, the United States Citizenship and Immigrations Service can still consider petitions for H-1C Visas that were filed before the expiration date. However, because Congress did not reinstate the program, the window for foreign nurses to obtain this status has closed.

The expiration of this program does not mean that foreign nurses will no longer have an opportunity to immigrate here. Foreign nurses can pursue other avenues, such as the H-1B Visa for specialty occupations, or Permanent Residency. And hospitals that relied on the H-1C program can continue to sponsor immigrants for H-1B Visas to fill their need for nurses. Arizona hospital administrators should seek legal counsel to help fill the void that the expiration of the H-1C Visa may create for them.

If this affects nurses in your businesses or family in Mesa, Arizona or surrounding areas, contact attorney Grant Walker for a an immigration consultation at (480) 464-1111.