In order to obtain a H-1B, an employer is required to demonstrate that the nursing position is in a ‘specialty occupation’. When submitting a visa petition, the USCIS will examine the paperwork to determine if one or more of the following criteria are met:
- A bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position; the required degree must be related to the position to be filled.
- The degree requirement is common to the industry, or in the alternative, the position is so complex or unique that it can be performed only by an individual with a degree.
- The employer normally requires a degree or its equivalent for the position.
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
It may be difficult to obtain a H1-B as a registered nurse (RN), because this position does not require a degree, however, if an employer is hiring the individual as a ‘clinical nurse’ or ‘nurse practitioner’, almost every state requires at least a bachelor’s degree for these positions, thus the individual would qualify for a H1-B.
The following are some advanced nursing positions that may be acceptable:
Clinical Nurse Specialists (CNS):
– Acute Care, Adult, Critical Care, Gerontological, Family, Hospice and Palliative Care, Neonatal, Pediatric, Psychiatric and Mental Health-Adult, Psychiatric and Mental Health-Child, and Women’s Health.
Nurse Practitioner Category (NP):
– Acute Care, Adult, Family, Gerontological, Pediatric, Psychiatric & Mental Health, Neonatal, and Women’s Health.
Certified Registered Nurse Anesthetist (CRNA)
Certified Nurse-Midwife (CNM)