Certain criteria has been established for hospitals before they can begin hiring these foreign nurses under the H-1C. The hospital must:

1. be located in a Health Professional Shortage Area
2. have at least 190 acute care beds
3. have a Medicare population of 35%
4. and have a Medicaid population of 28%

At the February 4 markup, subcommittee chairman Lamar Smith (R-Tex.) stated that any legislation must "balance both the continuing need for foreign nurses in certain specialties and localities for which there are not adequate registered nurses and the need to continue to lessen employers' dependence on foreign registered nurses and protect the wages and working conditions of U.S. registered nurses."

Rep. Smith offered an amendment to the bill, which would make "minor and technical changes" to the legislation, he said. Among the various changes, Rep. Smith's amendment provides that a hospital could not use H-1C nurses to make up more than 33% of its total number of registered nurses. He stated that a limit such as this would prevent any one hospital from becoming too dependent on H-1C nurses. His amendment also provides that H-1C visas will only be initially good for one year, and can be renewed for three more years (H.R. 2759 as drafted would provide an initial period of three years, with extensions possible for two more years). Another change would not allow a hospital to subcontract a nurse out to any other facility not controlled by the petitioning hospital. Rep. Smith stated that this change will ensure that H-1C nurses can only work at hospitals that meet the "stringent requirements of the bill."

Please keep in mind that all of this is a limited proposal and there is no final word yet. Stay tuned to U.S. Visa News for the latest information on the proposed "H-1C."