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Start →(a) Definitions. (1) Registered Nurse. In order to obtain a visa a) as an H-1C nurse, 1) a nurse must: a) i) Be licensed (a) where he or she was educated or ii) have received nursing education (a) in the United States; b) i) Pass an approved examination (a) (currently CGFNS) or ii) hold full and unrestricted (U.S.) state license; and c) Be immediately i) eligible and ii) qualified to engage (a) in professional nursing (b) immediately upon entering the United States. (2) Attestation. The petition must include an “attestation” a) which has been i) reviewed and ii) stamped A) as approved B) by the Department of Labor. (There is no USCIS adjudicative role a) in the attestation process, 1) we merely verify a) that it contains the DOL stamp.) An attestation a) for purposes of an H-1C petition 1) is a guarantee a) signed by the facility i) which will employ the registered nurse b) that: i) The facility (a) is located in a “health shortage area” and (b) is otherwise “qualified” (i) as defined in section 212(m)(6) of the Act; ii) The proposed H-1C employment will have no adverse effect A) on wages and B) working conditions (i) of nurses at the facility; iii) The wages (a) offered to H-1C nurses are the same as those (a) offered to U.S. citizen or resident alien nurses at the facility; iv) The facility is taking significant steps A) (defined in section 212(m)(2)(B) I) of the Act) B) to recruit and C) retain I) nurses (a) to reduce its dependence on H-1C nurses; v) (a) There is no I) strike, or II) lockout (a) in progress and (b) there I) has not been a layoff (a) of nurses (b) in the last 90 days II) nor will there be such a layoff (a) during the 90 days (i) following submission of the petition; vi) Notice has been provided (a) to the bargaining unit (b) (or posted I) if there is no bargaining unit) (c) in advance I) of the submission of the H-1C petition; vii) No more than 1/3 of the nurses (a) at the facility are nonimmigrants; viii) The facility will not (a) transfer any H-1C nurses (i) to a different facility or (b) authorize the nurse to accept employment (i) at another facility. (b) Decision Procedures. ← End
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