User:Esu44224/H-1A visa
The H-1A visa was a visa that was previously available to foreign nationals seeking temporary employment in the United States. These visas were made available to foreign nurses coming into the United States to perform services as a registered nurse in areas with a shortage of health professionals as determined by the Department of Labor.[1] The creation of this visa was prompted by the nursing shortage.[2]
The H-1A nurse program, enacted by the Immigration of Nursing Relief Act of 1989, expired on September 1, 1995.[3] The last of the H-1A visa workers finished in 2001 and was suceeded by the H-1C visa.[4]
Program details
[edit]This non-immigrant/temporary worker classification was introduced by the United States Citizenship and Immigration Services in 1989 to specifically address the lack of nurses in the United States.[5]
Eligibility
[edit]All H visas require an offer of employment from an U.S. employer, and proof that the wage to be paid is comparable to other positions in that occupation. In addition to these requirements, the H-2 visa necessitates a showing (by the employer) that there were no qualified U.S. workers available and willing to fill the position.[1]
To qualify for an H-1A visa one must submit:[6]
- an offer of employment from an U.S. employer
- proof that the wage to be paid is comparable to other positions in that occupation
- a showing (by the employer) that there were no qualified U.S. workers available and willing to fill the position.
Application
[edit]The Form I-129, Petition for a Nonimmigrant Worker, must be filed by a U.S. employer hospital that has received a notice of acceptance of the attestation for H-1A Nonimmigrant Nurses, from the United States Citizenship and Immigration Services.
The Form I-129 must include the following documents:[7]
- INS filing fee
- The original INS form G-28 (Notice of Entry of Appearance and Attorney) signed by petitioner or beneficiary
- INS Form I-129 with H supplement
- A copy of the Department of Labor's notice of acceptance for attestation for the facility on Form ETA 9029
- A statement that the facility with comply with the terms of attestation
- A statement describing limitations which the laws of the state or jurisdiction of intended employment place on the nurses
- A statement that notice of the filing provided by the employer to the bargaining Representative or to the RN, through posting
- The CGFNS certificate and/or the RN license for the state of intended employment
- A copy of the license from the country where nursing education was achieved
- A copy of the nursing diploma/degree
Limitations
[edit]Temporary visas in the H classification are subject to numerical limitations imposed by Congress. These annual limits are applied at the time of Form I-129 approval, not when somebody seeks admission to the United States. Also, even though he or she has been granted a visa, at the time of entry, a person with a valid visa may still be denied entry due to suspicion of being a terrorist or concern that they will overstay or violate visa terms.[8]
There were several restrictions placed on this visa during its implementation and valid period.[2]
- The employment of th alien will not adversely affect the wages and working conditions of registered nurses similarly employed and the alien
- The alien must be paid at the prevailing wage for registered nurses employed by the facility
- The period of admission for an initial period shall not exceed 3 years, subject to an extension, not to exceed a total period of admission of 5 years
- Visa may be revoked by the Secretary of Labor upon finding that the facility for which the nursing certification is made no longer meets such qualifications or if there are misrepresentations in certification.
- The employer must also employ other registered nurses.
History
[edit]In 1989, U.S. Congress created a new category (H-1A) for registered nurses. This Act also reassigned the existing H-1 category as H1-B. The H-1A category was permitted to sunset on September 1, 1995, with some nurses granted extensions in the category through September 30, 1997. On November 12, 1999, the category was replaced by the newer, more restrictive, H-1C visa.[9]
Statistics
[edit]Below are H-1A visas issued each year as released by the U.S. Department of State - Bureau of Consular Affairs.[10]
| Year | Total number of visas issued | Number of visas issued to each country |
|---|---|---|
| 1990 | 2 | N/A |
| 1991 | 7443 | N/A |
| 1992 | 7377 | N/A |
| 1993 | 6388 | N/A |
| 1994 | 6441 | N/A |
| 1995 | 7261 | N/A |
| 1996 | 1745 | N/A |
| 1997 | 61 | 32 in Philippines, 2 in Australia, 3 in Nigeria, 4 in South Africa, 2 unknown, 2 in India, 2 in Mainland China, 1 in Norway, 1 in Great Britain and Northern Ireland, 1 in Panama, 1 in Saint Vincent and the Grenadines, 1 in Niger, 1 in Marshall Islands, 1 in Zimbabwe, |
| 1998 | 18 | 3 in Spain, 3 in Mainland China, 2 in South Africa, 1 in India, 1 in Pakistan, 1 in Philippines, 1 in Greece, 1 in Great Britain and Northern Ireland, 1 in Slovakia, 1 in Australia, 1 in Chile, 1 in Venzuala |
| 1999 | 5 | 1 in Senegal, 1 in Mainland China, 1 in Croatia, 1 in France, 1 in Mexico |
| 2000 | 2 | 1 in Germany, 1 in Columbia |
| 2001 | 0 | N/A |
| 2002 | 0 | N/A |
See Also
[edit]References
[edit]- ^ a b "Temporary Worker Visas - FindLaw". Findlaw. Retrieved 2016-06-13.
- ^ a b "H.R.1507 - Immigration Nursing Relief Act of 1989". U.S. Congress. U.S. Federal Government. September 13, 1989. Retrieved June 13, 2016.
- ^ "H-1A NURSE VISA PROGRAM APPEARS LIKELY TO EXPIRE - Siskind Susser PC". Siskind Susser PC. 1995-09-30. Retrieved 2016-06-13.
- ^ "Nonimmigrant Visas Issued by Classification" (PDF). Travel.State.Gov. U.S. Federal Government. Retrieved June 12, 2016.
- ^ The Code of Federal Regulations of the United States of America. U.S. Government Printing Office. 1988-01-01.
- ^ "Temporary Worker Visas - FindLaw". Findlaw. Retrieved 2016-06-13.
- ^ Bernstein, Osberg-Braun. "H-1A Visas" (PDF). Visaattorneys.com. Visaattorneys.com. Retrieved June 12, 2016.
- ^ The Code of Federal Regulations of the United States of America. U.S. Government Printing Office. 1988-01-01.
- ^ "Temporary Worker Visas - FindLaw". Findlaw. Retrieved 2016-06-13.
- ^ "Nonimmigrant Visa Statistics". travel.state.gov. Retrieved 2016-06-11.