H-1B FOR REGISTERED NURSES?

Dear Atty. Palacios,
 
I am a registered nurse from the Philippines and I have already passed the NCLEX exam.
 
I heard that there are still H-1B visas available. I would like to know if it is true that an employer may file an H-1B petition for a registered nurse position.
 
Sincerely,
 
Sharon

The H-1B category is generally not available to foreign nurses because nursing is not per se a specialty occupation.
 
The regulations of the USCIS state four possible grounds for the classification of a position as a specialty occupation. Only one of the four grounds must be proven: (1) a baccalaureate degree or higher degree or its equivalent is normally the minimum requirement for entry into the particular position; (2) the degree requirement is common to the industry in parallel positions among similar organizations or in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree; (3) the employer normally requires a degree or its equivalent for the position; or (4) the nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a bachelors degree.
 
In short, in order for an H-1B case to be approved, the employer must prove that the position requires somebody with at least the relevant bachelor’s degree.
 
H-1B status is generally not available to registered nurses because the normal requirement for a typical professional nursing position in all states in the United States is an associate degree and not a bachelor’s degree in nursing.
 
Please note, however, that in its November 27, 2002 memorandum, the USCIS recognized two exceptions to the rule that a registered nurse is not eligible for H-1B classification: (1) specialized nursing occupations and (2) nurses in administrative positions.
 
The USCIS stated in its memorandum that positions that require nurses who are certified advanced practice registered nurses are considered specialty occupations because of the advanced level of education and training required for certification. The USCIS gave the following examples as to what constitutes specialized nursing occupations: clinical nurse specialists, certified nurse anesthetist, certified nurse-midwife, or certified nurse practitioner.
 
The USCIS stated further that certain other nursing occupations, such as an upper-level “nurse manager” in a hospital administrative position, are considered specialty occupations since such administrative positions typically require a bachelor’s degree.
 
In addition to the foregoing examples of specialized or upper-level nursing jobs that qualify for H-1B, certain healthcare positions which require a bachelor’s degree in a healthcare field (not necessarily nursing), i.e., quality assurance officer, utilization review officer, etc., are also qualified for H-1B.

WARNING: Beware of attorneys and recruitment companies who commit H-1B fraud. They change the title, job description, and prevailing wage for the position to make it qualify for H-1B but once the case gets approved, the employee would actually work as a registered nurse and receive the salary for registered nurse. There are severe consequences for getting involved in H-1B fraud.

If you want to know more about your options as a registered nurse, please call us at (626) 331-8188 or (818) 956-8844 and schedule an appointment for your free initial office consultation. You may also schedule an appointment online at www.palacioslawfirm.com.

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Attorney Eugene M. Palacios is the founder and principal of the Law Offices of Eugene M. Palacios, APLC. He has great depth of experience and a successful track record in handling employment and family-based petitions as well as PERM and naturalization applications. He is licensed as an attorney in California and is admitted to practice before U.S. Immigration Courts, the U.S. Central District Court, and California State Courts. He is also an active member of the American Immigration Lawyers' Association. His offices are located at 100 North Brand Boulevard, Suite 600, Glendale, California 91203 and at 800 South Barranca Avenue, Suite 250, Covina, California 91723.

The above article does not, and is not intended to, constitute legal advice for a specific immigration problem, and does not create an attorney-client relationship between our office and the reader. It is for informational purposes only and reflects our law firm's opinions and views on general issues.