| Article Index |
|---|
| H-1B for registered nurses? |
| Page 2 |
| All Pages |
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.
| Comments |
|
3.26 Copyright (C) 2008 Compojoom.com / Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved."
| < Prev | Next > |
|---|
