• News / Blog
  • About
  • Contact
  • Client Portal
Brandon Gillin, Immigration Lawyer
Tel. (425) 947-1130

New USCIS Guidance on H-1B visas for Nurses

8/19/2014

2 Comments

 
Picture
By Brandon Gillin

On July 11, 2014, USCIS published a new Interim Policy Memorandum providing guidance on the adjudication of H-1B petitions for nursing occupations.

This new guidance updates previous guidance published in 2002. USCIS indicates that this new guidance is needed "because of changes in the nursing industry."

Generally, nurses do not qualify for H-1B status because a four-year degree is not required to become a registered nurse (RN). However, USCIS notes, "the private sector is increasingly showing a preference for more highly educated nurses." To that end, certain "Advance Practice Registered Nurses" who practice in more specialized areas such as in addiction, cardiovascular, critical care, emergency room, genetics, neonatology, nephrology, oncology, pediatrics, peri-operative (operating room), and rehabilitation, may qualify for H-1B status. However, each occupation is defined by the regulatory body (state legislature and Board of Nursing), so it is important that the occupation be one that the regulatory body defines as requiring a baccalaureate or higher degree.. For example, if a state requires at least a bachelor's degree in nursing to obtain a nursing license, an RN position in that state would generally be considered a "specialty occupation" and thus meet that prong of the H-1B eligibility test. Unfortunately at this time no state requires a bachelor's degree in nursing for licensure; but certain APRN positions as noted above may qualify for H-1B if the petitioner shows by a preponderance of the evidence that the proffered position qualifies as a specialty occupation.

The interim policy memorandum can be found here.

Brandon Gillin is an immigration lawyer with Gillin Law Group, PLLC in Lynnwood, Washington. His practice includes filing H-1B petitions on behalf of nurses. He can be reached at (425) 947-1130.
2 Comments
SCOTT POOLE link
12/5/2014 05:51:56 am

BRANDON U HAVE REALY DONE A GREAT JOB 😊 PLEASE LET ME KNOW AS SOON AS POSSIBLE WEN ANNA CAN GO TO MANILA FOR INTERVIEW ANNA AND I REALY ARE MISSING EACHOTHER ITS HARD BEING APART BUDDY YOU UNDERSTAND THANKS BRANDON I WOULD HIGHLY RECOMMEND U I HAVE A COUPLE TIMES ALREADY BECAUSE U ARE.VERY GOOD 😊. AT WHAT U DO CONNECT LOVED ONES I NEED. ANNA BRANDON PLEASE HAVE. A MICE DAY

Reply
uk essays link
12/4/2019 03:51:58 pm

It has been a great year for all of us, that is the truth. I really feel like there are people who will undermine all that we did, and that is just life. I am really hoping that we can go and make this year's success a staple. I am excited for what we can do next year, because I really feel like we can do something better. We will try our best to provide you with quality services, that is for sure.

Reply



Leave a Reply.

    Picture
    Brandon Gillin is an immigration lawyer with Gillin Law Group, PLLC in Lynnwood, Washington, with clients all over the United States and the world.

    Archives

    March 2020
    October 2019
    June 2019
    April 2019
    August 2014
    July 2014
    December 2013

    Categories

    All
    Affidavit Of Support
    Daca
    Deferred Action
    I-864
    Immigration Reform
    John Boehner
    One America

    RSS Feed

Proudly powered by Weebly