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.
