Tag Archive H-1B

ByPhillip Kim

H-1B Petition for Specialized Nurses


The H-1B nonimmigrant worker petition for nurses with specialized RN occupations will be approved if certain requirements are met. To be qualified, one must submit proof of education in the specialty occupation and evidence that the immigrant’s education and experience are equal to the required U.S. degree.

To be a licensed RN, one must graduate from an approved nursing program, which includes a two-year associate degree in nursing, and pass the National Council Licensure Examination for Registered Nurses. To determine degree equivalencies, it is required for applicants to have three years of specialized training or work experience for each year of college-level training needed.

The H-1B applicant may be eligible if he or she is a clinical nurse specialist, certified registered nurse anesthetist, certified nurse-midwife, or certified nurse practitioner. Other nursing vocations such as upper-level nurse managers in hospital administration may also be eligible since it would generally require graduate level education.

In general, it would be difficult for a general RN position to qualify for H-1B; however, the state of North Dakota requires a person to have a BSN in order to be licensed as an RN. Therefore, the prerequisite in North Dakota would qualify them for the H-1B position.

Affidavits of independent experts may be acquired to indicate that the nature of one’s nursing occupation is highly specialized and requires advanced knowledge. Further questions regarding the qualifications of an H-1B petition for specialized nurses can be directed to the Office of Adjudications.


The H-1B Visa: Are You Eligible?

Certain jobs are eligible for a temporary visa. The H1-B visa limits your stay in the U.S. to 3 years. If you are looking to stay in the U.S. for work long term, you should look into a visa that will transition into a green card for permanent residence. For temporary work, you might be eligible for the H1-B visa.

The H1-B has 2 levels of eligibility, some for the prospective job and others for you, the prospective worker. The job must require at least a bachelor’s degree. If the job does not require a BA or above, it should usually require a degree or entail specialized skills associated with a degree. To qualify to accept an eligible job and receive a visa to work, you should have education or training relevant to the job, a college education, or the foreign equivalent to a degree. You should also have an unrestricted license in your home country.

The H1-B visa is also meant to include researchers or development workers entering to work on a project with the U.S. Department of the Defense. Under this category, your employer does not need to apply for your visa.

Fashion models are also eligible for the H1-B visa if he or she is considered well known or highly regarded in the field.

To apply for the H1-B visa, your employer will need to apply for your certification and petition for your visa. Then, you should apply for your temporary work visa. If you are not living in the U.S., you can apply for your visa with the U.S. Department of State or with your U.S. Embassy.

There is a limit to the number of work visas given every year, so you are not guaranteed a workers visa. There may also be a waiting period for your visa to be approved even after your application has been accepted. This could mean that you will be guaranteed a visa but have to wait before there is one available for your travel.

For more help about getting a visa, contact immigration attorney Phillip Kim