H-1B for Nurses : Eligibility Requirements

H1B Sponsorship

The USCIS has issued specific requirements for nurses who seek to enter the United States on the H-1B visa. The H-1B petition will only be granted if the position is classified as a “specialty occupation.” This visa classification is highly sought after by nurses because it grants the medical professional temporary employment in the United States for three to six years.

A “specialty occupation” is defined as a “theoretical and practical application of the body of highly specialized knowledge.” Nurses are required to have a bachelor’s degree or beyond in the indicated occupation. If the occupation requires a certification or a license, the license/certification must be presented with the petition for a chance at acceptance. For H1B Visa Process Visit  Orphosyscorp

Though a nursing position seems to be a qualifying match for an H-1B visa, a general RN or LPN position does not qualify as a valid position in need of an H-1B for nurses. However, if a state requires at least a bachelor’s degree in nursing to obtain a nursing license, an RN position in that state would generally be considered a specialty occupation.

Eligibility Requirements:

A. Requires an education level of a bachelor’s degree or beyond.

B. Obtain a nursing license by completing nursing program and pass the National Council Licensure Examination (NCLEX).

C. The occupation requires qualifications that are typical of the position within the nursing industry

D. The U.S. employer generally mandates a degree or a foreign equivalent for the position.The position’s responsibilities are so specialized that they are obligated to be fulfilled by a professional with a bachelor’s degree or higher.

E. RN positions with specialized responsibilities that may be eligible for an H-1B visa for nurses include:

1. Addiction nurses

2. Cardiovascular nurses

3. Critical care nurses

4. Emergency room nurses

5. Genetics nurses

6. Neonatology nurses

7. Nephrology nurses

8. Oncology nurses

9. Pediatric nurses

10. Peri-operative nurses

11. Rehabilitation nurses

Petition Requirements of H1B Visa for Nurses:

In a 2015 policy memorandum, the USCIS list some of the documents that a petitioner should submit as evidence:

A. The nature of the petitioner’s business

B. Industry practices

C. A detailed description of the duties to be performed within the petitioner’s business operations

D. Advanced certification requirements

E. ANCC Magnet Recognized status

F. Clinical experience requirements

G. Training in the specialty requirements

H. Wage rate relative to others within the occupation

Priority of Acceptance:

All must qualify under general position, education, Department of Labor, USCIS, and U.S. employer H-1B requirements. For more details on H1B Visa check Kazembassy

A. Certified Advanced Practice Registered Nurses (APRNs) are generally the first to be accepted for the H-1B petition. Examples of specialized nursing occupations under the APRN category are:

1. Certified registered nurse anesthetists

2. Clinical nurse specialists

3. Certified nurse midwives

4. Certified nurse practitioners

The position must also require for the nurse to be a certified RN (registered nurse). To become an RN the nurse must have a minimum of a Bachelor of Science in Nursing with additional education.

B. The second level of acceptance applies to nurses who qualify for administrative occupations which require a graduate degree in nursing or healthcare administration. Examples include: “Nurse Managers” and Supervisory Nurses.

C. The final level of acceptance applies to individuals with a nursing specialty in areas such as critical care or preoperative nurses.

Approved H-1B applicants may also come to those who are not APRNs. However, non-APRNs must have successfully passed examinations based on clinical experience, emergency room nursing, operating room, occupation health, rehabilitation nursing, critical care, oncology, and pediatrics.

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