H-1B Visa for a Nurse

As the demand for nurses in the United States increases, many employers look to foreign nurses to meet the demand. The H-1B visa is available to nurses in qualifying positions. We explain which nursing positions qualify for H-1B visa status here.

Do nurses qualify for H-1B visa status?

U.S. Citizenship and Immigration Services (USCIS) has taken a strong stance on H-1B visa status for nurses. According to USCIS, most registered nurse (RN) positions do not qualify for H-1B visa status as the profession generally does not normally require a U.S. bachelor’s degree or higher in nursing (or its equivalent). However, this does not mean that all nursing professions are eliminated from H-1B visa status. Many management or advanced-level nursing professionals can and do qualify for H-1B visa status as these roles typically require a U.S. bachelor’s degree or higher.

What nursing positions qualify for H-1B visa status?

In general, nursing positions typically require at least a U.S. bachelor’s degree or higher and can qualify for H-1B visa status. These positions are more advanced than the typical entry-level nursing position. For example:

  • 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)

Evidence to Support a Nursing Position as a Specialty Occupation

For a nursing position to qualify for H-1B visa status, the petitioner must show by a preponderance of the evidence that the position qualifies as a specialty occupation. USCIS looks at several different factors when determining whether or not a nursing position qualifies for H-1B visa status including:

  • The Nature of the petitioner’s business.
  • Industry practices.
  • A detailed description of the duties to be performed within the petitioner’s business operations.
  • Advanced certification requirements.
  • ANCC Magnet Recognized Status.
  • Clinical experience requirements.
  • Training in the specialty requirements.
  • Wage rate relative to others within the occupation.

How do I obtain an H-1B visa as a Nurse?

After you have made the determination that your nursing position qualifies for H-1B visa status, then it is possible to enter the H-1B visa lottery for Cap-Subject employment or to immediately file for an H-1B for H-1B Cap Exempt employers. We discuss H-1B visa status in detail here.

Is my profession considered “Schedule A” for a Green Card?

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The US immigration lawyers at Richards and Jurusik Immigration Law have more than 30+ years of experience helping foreign Nurse to obtain H-1B Visa status to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today for an assessment of your legal situation.

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