H-1B

The realm of H-1B visa eligibility often raises questions among nursing professionals. The U.S. Citizenship and Immigration Services (USCIS) generally mandates a U.S. bachelor’s degree or higher for H-1B visa status, leading to a common misconception that many nursing roles are ineligible. However, this is not always the case.

Eligible Nursing Roles for H-1B Visa Status

Specific advanced and managerial nursing positions that demand a higher educational level often qualify for H-1B visa status. These roles typically require more specialized knowledge and expertise than traditional entry-level nursing positions. Eligible nursing roles include:

  • Addiction Nurse
  • Cardiovascular Nurse
  • Critical Care Nurse
  • Emergency Room Nurse
  • Genetics Nurse
  • Neonatology Nurse
  • Nephrology Nurse
  • Oncology Nurse
  • Pediatric Nurse
  • Peri-operative (Operating Room) Nurse
  • Rehabilitation Nurse
  • Advanced Practice Registered Nurses
  • Certified Nurse-Midwife (CNM)
  • Certified Clinical Nurse Specialist (CNS)
  • Certified Nurse Practitioner (CNP)
  • Certified

Registered Nurse Anesthetist (CRNA)

Criteria for Establishing a Nursing Role as a Specialty Occupation

To qualify a nursing role for H-1B visa status, sufficient evidence must demonstrate that the role is a specialty occupation. USCIS evaluates several factors, including:

  1. The specific nature of the petitioner’s business.
  2. Industry standards and norms.
  3. Detailed descriptions of duties within the organization.
  4. Requirements for advanced certifications.
  5. Recognition of the employer as ANCC Magnet Recognized.
  6. Necessity for clinical experience.
  7. Specialized training requirements.
  8. Wage comparisons within the specialty occupation.

Securing an H-1B Visa as a Nurse

Once the nursing role’s eligibility for H-1B visa status is confirmed, nurses can either enter the H-1B visa lottery for Cap-Subject employment or directly apply for H-1B with H-1B Cap Exempt employers. This process requires thorough documentation and adherence to USCIS guidelines to ensure a successful application.

Conclusion

Nursing professionals with specialized skills and advanced education may indeed be eligible for H-1B visa status. Understanding the specific requirements and preparing a robust application are key to securing this opportunity in the United States.

 

H-1B Visas for Specialty Occupations

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