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H-1B:
NURSES
Registered Nurses (RN) must be professionals to qualify for H-1B
classification. Most RNs do not qualify under the CIS regulations
as professional workers as the occupation does not generally require
a Bachelor’s Degree. RNs often do require a degree;
but both the occupation and position must require a degree for
performance of the position’s duties to qualify for an H-1B.
If employers establish a particular RN position requires a 4-year
degree (i.e. supervisors), an H-1B is possible.
Eligibility is also established by providing proof of licensing
or passage of appropriate testing. Requirements for the application
processes and approval of the H-1B are applicable.
Nurses may be eligible for permanent resident processing under
special regulations regarding nurses.
Special Nursing Act (H-1C):
1.
Nurses obtain a full and unrestricted license to practice professional
nursing in the country where their education was obtained, or
the nurse must have a U.S. education;
2.
The nurse must have passed an appropriate examination, recognized
in regulations to be issued by the U.S. Department of Health and
Human Services or must have obtained a full and unrestricted license
under the laws of the state where the nurse intends to work;
3. Nurses must be fully qualified & eligible under the laws
including temporary or interim licensing requirements that authorize
nurses to be employed, governing the place of intended employment,
to engage in the practice of professional nursing as a registered
nurse immediately upon admission to the U.S. Nurses must be authorized
to be employed by the facility;
4. Requests must be made by facilities granted attestation rights
by the DOL. Attestations must certify facilities are in a
shortage occupation area, have at least 190 acute care beds, with
35% of them for Medicare patients, and 28% are for Medicaid patients.
Facilities must also make attestations the wages paid to foreign
workers do not adversely effect US workers, and will not impact
any bargaining unit in place at the facility. |
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