Immigration Options for Nurses: Part Two H-1B Visas

As stated in our previous article, one category of nonimmigrant visas available to registered nurses (RNs) is the H-1C visa. In addition, professional nurses may also be eligible for H-1B status. To qualify, the position being offered must be considered a specialty occupation, for which a bachelor's degree or its equivalent is necessary. Nursing is not per se a specialty occupation because a baccalaureate degree is not generally required to become a professional nurse. Therefore, it is difficult for nurses to satisfy this requirement and obtain H-1B status.

The INS has recognized certain areas of nursing which may qualify as a specialty occupation because the specific duties involved require skill and knowledge that is generally associated with having obtained a bachelor's degree or higher. These areas include: advanced practice nurses, nurses in administrative positions and nursing specialties (such as critical care and peri-operative). Nurses practicing in states that require a Bachelor of Science in Nursing (BSN) may also be able to satisfy the specialty occupation requirement.

Additionally, the INS may find that an RN is eligible for H-1B if the petitioning employer shows that:

(1) A bachelor's or higher degree (or its equivalent) is generally the minimum requirement for the position;
(2) The degree requirement is common to the industry for parallel nursing positions;
(3) The employer usually requires a degree or its equivalent for the position; or
(4) The nature of the duties intrinsic in the position are so complex that the knowledge required to perform such duties is usually associated with the attainment of a bachelor's or higher degree (or its equivalent)

If it can be established that the nursing position qualifies as a specialty occupation, the nurse must show that he or she has a bachelor's degree or its equivalent in experience. Further, the petitioning employer must file an attestation with the Department of Labor. The primary purpose of the attestation is to require the employer to pay the foreign nurse the prevailing wage for the same type of position in a particular geographic area. The prospective employee must also pass the foreign nursing exam (CGFNS) and obtain state licensure in order to receive H-1B approval.

Teressa Accurso Dickman
Law Offices of Teressa Accurso Dickman, P.A.
www.ImmigratingToAmerica.com

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