Geygan & Geygan, Ltd.

A Cincinnati Immigration Law Firm

  • Home
  • About Us
    • Directions
      • Geygan & Geygan, Ltd.
      • Cleveland Immigration Court
      • USCIS Cincinnati Field Office
    • Why I do what I do
  • Immigration
    • Family Immigration Home
      • K-1 Petition for Alien Fiancé(e)
      • Marriage Green Card
      • Removal of Conditions on Status (I-751)
    • Investment Immigration
      • E-2 Treaty Investor Visa
      • EB-5 Visas
    • Employment Immigration
      • Employment-Based Immigration: First Preference EB-1
      • Employment-Based Immigration: Second Preference EB-2
      • Employment Immigration H-1B
    • Naturalization 2021
    • Preventing Deportation
      • Immigration Court Video
      • Immigration Law Violations
      • Cancellation of Removal
      • I-212 Waivers
      • I-601 Waiver of Inadmissibility
    • Work Card or Employment Authorization Document
    • Nonimmigrant Options
      • H-1B Visas For Specialty Occupations, Like Yours
      • The B Visas: Business or Pleasure?
      • Types of Visas for Temporary Visitors
      • E-1/E-2 Eligibility Requirements
        • The E-1 Treaty Trader Visa
          • E-1 Treaty Traders Details
        • E-2 Treaty Investor Visa
    • I-601A Provisional Unlawful Presence Waiver
    • I-601 Waiver of Inadmissibility
    • Criminal Law and Immigration
    • Temporary Protected Status
    • USCIS Processing Times Calculator 2021
  • Legal Information
  • Archive & Site Map
  • Log In / Out

H-1B Visa For Some Nurses

July 22, 2014 by Thomas Geygan

ResearcherThe H-1B visa classification allows a U.S. employer to petition for a temporary worker in a specialty occupation.  Most registered nurse (RN) positions do not qualify as a specialty occupation because they do not normally require a U.S. bachelor’s or higher degree in nursing (or its equivalent) as the minimum for entry into those particular positions.  There are some situations, however, where the petitioner may be able to show that a nursing position qualifies as a specialty occupation.  For example, certain advanced practice registered nurse (APRN) positions normally require a U.S. bachelor’s or higher degree in a specific specialty as the minimum for entry into these particular positions.

Advanced practice registered nurse defines a level of nursing practice that utilizes extended and expanded skills, experience and knowledge in assessment, planning, implementation, diagnosis and evaluation of the care required.   Positions that require nurses who are certified APRNs will generally be specialty occupations due to the advanced level of education and training required for certification.

However, having a degree is not, by itself, sufficient for the position to qualify for H-1B classification.  A critical factor remains whether a baccalaureate or higher degree in a specific specialty (or its equivalent) is normally required for these particular positions.  It must be noted that a beneficiary’s credentials to perform a particular job are relevant only when the job is found to qualify as a specialty occupation.  USCIS is required to follow long-standing legal standards and determine whether the proffered position qualifies as a specialty occupation, and whether a beneficiary is qualified for the position at the time the nonimmigrant visa petition is filed.

Each state legislature and Board of Nursing decides on the title it will use for APRNs and regulates licensure, scope, and standards of practice.  While the burden is on the petitioner to establish eligibility for the benefit sought, generally, the following is a non-exhaustive list of APRN occupations that may satisfy the requirements for a specialty occupation:

  •   Certified Nurse-Midwife (CNM);
  •   Certified Clinical Nurse Specialist (CNS);
  •   Certified Nurse Practitioner (CNP); and
  •   Certified Registered Nurse Anesthetist (CRNA).

For more information on H-1B visas for nurses, please contact my office for a free initial consultation (513) 791-1673.

 

Filed Under: H-1B

Client Resources

May 15, 2017

 

More Posts from this Category

Featured Posts

Biden administration considers migrant restrictions similar to Trump policies.

Asylum rates drop as immigration cases are fast-tracked.

Contact Us

Geygan & Geygan, Ltd.

8050 Hosbrook Road, Suite 107
Cincinnati, Ohio 45236
Tel 513-791-1673
Fax 513-791-1683
info@geygan.com

Disclaimer and Privacy Policy

Lawyer Thomas Geygan | Featured Attorney Immigration

Copyright © 2023 · Enterprise Pro Theme on Genesis Framework · WordPress · Log in