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.
