The H-1B visa is the primary option for foreign-trained nurses seeking employment in the United States. The U.S. Citizenship and Immigration Services (USCIS) has established specific criteria that nurses must meet to qualify for an H-1B visa. The position must be classified as a “specialty occupation” for the H-1B petition to be approved. This visa category is highly coveted by medical professionals as it allows for temporary employment in the U.S. for a period of three to six years.
A “specialty occupation” is defined as a role that requires the theoretical and practical application of a highly specialized body of knowledge. Nurses are mandated to possess a bachelor’s degree or higher in their field. If the occupation necessitates certification or licensure, these credentials must be provided along with the petition to enhance the chances of approval.
While nursing positions may appear to align with the requirements for an H-1B visa, general registered nurse (RN) or licensed practical nurse (LPN) roles do not typically qualify as specialty occupations. However, in states where a bachelor’s degree in nursing is a prerequisite for obtaining a nursing license, RN positions in those states would generally meet the criteria for a specialty occupation.
Elibibility
To be eligible for a nursing visa, applicants must meet the following criteria:
- Educational Qualifications: Possession of a bachelor’s degree or higher in the field of nursing is essential.
- Licensing: Successful completion of an accredited nursing program and passing the National Council Licensure Examination (NCLEX) are mandatory to obtain the necessary nursing license.
- Industry Standards: The occupation must require qualifications that align with typical expectations within the nursing profession.
- Employer Requirements: The U.S. employer generally mandates a bachelor’s degree or an equivalent foreign qualification as a minimum educational requirement for the nursing position.
- Specialized Responsibilities: The duties and responsibilities associated with the position are highly specialized, necessitating a professional with a bachelor’s degree or higher level of education to effectively fulfill the role.
RN positions with specialized responsibilities that may be eligible for an H-1B visa for nurses include:
- addiction nurses
- cardiovascular nurses
- critical care nurses
- emergency room nurses
- genetics nurses
- neonatology nurses
- nephrology nurses
- oncology nurses
- pediatric nurses
- peri-operative nurses
- rehabilitation nurses
Petition Requirements of H1B Visa for Nurses:
In a 2015 policy memorandum, the USCIS lists some of the documents that a petitioner should submit as evidence:
- The nature of the petitioner’s business
- Industry practices
- A detailed description of the duties to be performed within the petitioner’s business operations
- Advanced certification requirements
- ANCC Magnet Recognized status
- Clinical experience requirements
- Training in the specialty requirements
- Wage rate relative to others within the occupation
Priority of Acceptance:
All must qualify under general position, education, Department of Labor, USCIS, and U.S. employer H-1B requirements. Certified Advanced Practice Registered Nurses (APRNs) are generally the first to be accepted for the H-1B petition. specialized nursing occupations under the APRN category are:
certified registered nurse anesthetists
- clinical nurse specialists
- certified nurse midwives
- certified nurse practitioners
The position must also require for the nurse to be a certified RN (registered nurse). To become an RN the nurse must have a minimum of a Bachelor of Science in Nursing with additional education.
The second level of acceptance applies to nurses who qualify for administrative occupations which require a graduate degree in nursing or healthcare administration. Examples include: “Nurse Managers” and Supervisory Nurses.
The final level of acceptance applies to individuals with a nursing specialty in areas such as critical care or preoperative nurses.
Approved H-1B applicants may also come to those who are not APRNs. However, non-APRNs must have successfully passed examinations based on clinical experience, emergency room nursing, operating room, occupation health, rehabilitation nursing, critical care, oncology, and pediatrics.
The H-1B Lottery for Nurses
If you qualify for an H-1B visa for nurses, your petition will likely be entered into the annual H-1B lottery. This lottery was put into effect due to the large number of petitions that are received each year. Overall, there are two major sections of this lottery:
- The master’s cap – 20,000 petitions. This cap is for those with an advanced degree.
- Regular cap – 65,000 petitions.
The way that the lottery works means that the first 20,000 positions will be filled by those that have advanced degrees. Any petitions for those with advanced degrees that are not selected in the master’s cap will be re-entered into the regular cap, essentially giving those petitions two chances of being selected.
It is important to note that there is no other way to increase your odds of selection. It doesn’t matter if you are applying for an H-1B for nurses or for an IT manager, the chances are the same. Because the number of petitions is continually increasing, the probability of being randomly selected is decreasing. If you are not selected in the lottery, then you will need to wait until the following year or find an alternative visa.
If your petition is selected, then it will be processed by the USCIS. Of course, there is still a chance that a petition could be selected and then denied. To avoid this, make sure that your case is handled by an expert immigration attorney.
Cap Exempt Petitions
There are only three major categories of H-1B occupations that would be considered cap-exempt:
- An institute of higher education
- A not-for-profit organization associated with an institute of higher education
- A not-for-profit governmental research organization
Also, if you submit a cap-subject petition and it is selected, you will be considered cap-exempt for any subsequent I-129 petitions that you need to have filed for job transfers or visa extensions. However, if you are approved for a cap-exempt position and decide to transfer to a cap-subject one later on, you will need to file a new petition that will be subject to the cap.
Alternatives for the H-1B for Nurses
The H-1B, while a very popular nonimmigrant visa, is not the only method that nurses can use to work in the U.S. Here are some prominent alternatives:
- TN visa: If you are a registered nurse from either Canada or Mexico, the NAFTA treaty visa may be a great way to go. This visa boasts several advantages over the H-1B, such as the fact that there is no annual cap and being able to renew your visa indefinitely.
- L-1 visa: This visa is for managers, executives, and specialized employees of multinational companies. This may seem irrelevant at first, but if you are a nursing manager who works for an organization that has a presence in the U.S. and overseas, you may qualify for this visa.
- EB-2 green card: If you are interested in living in the U.S. permanently, you can have an employer file an I-140 petition on your behalf. For the EB-2, you will need to have an advanced degree or be able to demonstrate that you have exceptional ability in your field.
- EB-3 green card: Also making use of the I-140 petition, the EB-3 is a good option for nurses because it is designed for bachelor’s degree holders as well as skilled and unskilled workers.
If you are looking to get a green card for nurses, you will need to take your priority date into account, which may add a significant amount to your processing time. Speak with our immigration attorney if you would like to make the transition from H-1B to green card status.
H-1B Visa Cost
The basic fees for an H-1B for nurses are as follows:
- I-129 basic filing fee – $460
- ACWIA fee – $750-$1,500
- Anti-fraud fee – $500
- Public Law fee – $4,000
- premium Processing fee-$2805
- DS-160 Form (for consular processing) – $190
- Attorney fees – these vary from firm to firm.
Keep in mind that, while this may seem expensive, your employer will be responsible for most of these fees. The only fees that you may need to pay are the DS-160 fee as well as the attorney fee and the premium processing fee. Work alongside your immigration attorney to ensure that all H-1B fees are filed properly.
7 Steps for Nurses to Work in U.S. from China
The requirements for any nurse from India to come and work in the U.S. are relatively the same as for any other foreign-trained nurse. Here is a quick summary of the steps that an Indian-trained nurse might have to take in order to work in the U.S.
- Education and Work Experience Requirements – this involves having completed a bachelor’s degree in nursing, being an accredited nurse in India, and having at least 2 years of work experience as a registered nurse.
- Language Requirements – quite often, it is necessary for foreign nurses to complete the IELTS exam and achieve at least 6.5 on the overall grade and 7 for the speaking portion.
- NCLEX-RN Exam – you must pass the exam developed by the National Council of State Boards of Nursing in order to show the equivalency of your foreign education and work experience. The exam can be completed in India.
- VisaScreen Certificate – it is essential to complete this part as this screening will allow you to be certain that you meet all of the required qualifications for work as a nurse in the U.S.
- Apply for a Visa – at this point, you should already have a valid job offer from a U.S. employer. You must then submit an application for an employment-based visa. In many situations, it would be H-1B, TN visa, L-1 visa, EB-2 or EB-3 visa – this depends on many other factors.
- Finish the Visa Process – it is likely that you will need to attend an interview and submit a variety of documents during the process. You need to make sure that you comply with all of the immigration regulations and finish the entire process.
- Receive Your Visa and Start Your Job – after you have received your visa, you can freely travel to the U.S. and start your new employment as a U.S. nurse.
Hospitals That Sponsor H-1B Visa for Nurses
As a foreign nurse, you will need a sponsor as per H-1B visa requirements, and in the majority of cases, a hospital will usually be your sponsor. It is relatively easy to look for hospitals that sponsor H-1B visas for nurses because they would actively advertise visa sponsorship in their job ads.
You can approach your sponsor search just like you would approach any other job search. Go to your favorite job search engines and search for nursing opportunities with visa sponsorship. In many instances, employers will specify for what kind of visa they are willing to sponsor a prospective employee. If, however, a job posting does not specify whether they are willing to be a sponsor, then it is worth contacting the company and inquiring whether they are open to such an arrangement.
How Wang law LLC Can Help:
Our immigration lawyers are able to advise foreign nurse practitioner clients on which work visa or immigration category would be best suited based on the client’s qualifications and position requirements.
We understand that government forms can be challenging to complete. our lawyers are skilled in assisting clients with H-1B documentation and any supplementary evidence needed to support their case.
Contact us to find out if you can take advantage of our consultation and have one of the qualified immigration attorneys provide a general overview of your visa options.
If you are not eligible for an H1B visa for nurses, there are many other visa options that can be explored. We intend to inform you of your options to ensure that you’re making an informed decision.