THE HOLT LAW GROUP

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.