Nurses in the Philippines hear that they can get visas to the U.S.A. without the VisaScreen certificate, the CGFNS exam or a state license. For the sum of $7000 to $10,000 U.S. dollars, they apply for and receive H-1B visas, which allow them to enter the USA for three years. With the retrogression of immigrant visas, this method of entering the USA will be even more popular. Generally, an R.N. does not qualify for an H-1B visa because Professional Nurse is not a specialty occupation.
How closely does the consular officer look at the H-1Bs being issued to applicants who have BSN degrees when the job requires a BSN degree but the job is not for a Professional or Registered Nurse? I regularly see nurses who entered on H-1B visas, began working as a nurse immediately and never worked as a "Patient Educator", "Rehabilitation Specialist", or other of the 17 job descriptions I have seen which qualified the nurse for an H-1B visa. I do not do these visas because I think they are fraudulent but there are so many issued that it makes me wonder.
THE NIV CHIEF OFFERED THAT, WE DO NOT ISSUE H1B VISAS TO NURSES UNLESS THEY HAVE A VISASCREEN CERTIFICATE, AND APPROPRIATE STATE LICENSING. WE RETURN PETITIONS TO DHS WHEN WE FIND THAT NURSES ARE ATTEMPTING TO OBTAIN H1BS CALLING THEMSELVES "RESEARCH ASSISTANTS", "HEALTH CARE ADMINISTRATORS, " AND THE OTHER SPECIALIZED AND CREATIVE JOB DESCRIPTIONS SEEN ON PETITIONS WHEN IN FACT THEY ARE GENERALIST REGISTERED NURSES.
*Source: http://www.ilw.com/articles/2005,0203-boecker.shtm
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H1B Visa not generally for nurses
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The H1B visa is an option available to a limited group of foreign national registered nurses. An H1B petition for a registered nurse may be approved if the offered position is in a "specialty occupation", which is defined in the Immigration and Nationality Act as one that requires the "theoretical and practical application of a body of highly specialized knowledge" and "attainment of a bachelor's, or higher, degree in the specific specialty or its equivalent." These requirements pose a problem in most nurse cases, as the minimum requirement to be licensed as an RN is generally a two-year degree in nursing, rather than a four-year bachelor’s degree.
Many RNs, therefore, would not qualify for the H1B classification. However, a petitioning employer may show that a particular RN position could qualify for an H1B by demonstrating that:
* a bachelor's degree or higher (or its equivalent) is normally the minimum requirement for entry into that particular position;
* the degree requirement is common to the industry in parallel nursing positions;
* the employer normally requires a degree or its equivalent for the position;
* or the nature of the position's duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's degree, or higher (or its equivalent). In determining how experience may be substituted for education, BCIS uses the formula that three years of specialized training and/or work experience is equal to one year of college-level training.
Three Categories Possibly Qualifying for H1B
1) Certain types of RNs may meet these requisite qualifications for the H1B visa. The first category of nurses who generally will be approved is the certified advanced practice registered nurse (APRN) category.
a) clinical nurse specialists (CNSs)
b) certified registered nurse anesthetist (CRNAs)
c) certified nurse-midwives (CNMs)
d) certified nurse practitioners (NPs) fall within this category.
If an APRN position requires the employee to be certified in that practice, the nurse must possess an RN, at least a Bachelor of Science in Nursing, and some additional, graduate-level education. CNSs include Acute Care, Adult, Critical Care, Gerontological, Family, Hospice, Palliative Care, Neonatal, Pediatric, Psychiatric and Mental Health-Adult, Psychiatric and Mental Health-Child, and Women's Health nurses. NPs include Acute Care, Adult, Family, Gerontological, Pediatric, Psychiatric & Mental Health, Neonatal, and Women's Health nurses.
2) The second category of nurses who may qualify for the H1B are those in administrative positions requiring graduate degrees in fields such as nursing or health administration.
3) A final, more subjective group that may receive H1B approval includes those who have a nursing specialty such as critical care and peri-operative nurses, or who have passed examinations based on clinical experience in school health, occupational health, rehabilitation nursing, emergency room nursing, critical care, operating room, oncology, and pediatrics, but who are not APRNs. In these cases, the petitioner must show that the nature of the particular position is so specialized and complex that one would normally expect the person performing the duties to have attained a bachelor's (or higher) degree, or its equivalent.
*Source: http://www.murthy.com/h1bnurse.html
Many RNs, therefore, would not qualify for the H1B classification. However, a petitioning employer may show that a particular RN position could qualify for an H1B by demonstrating that:
* a bachelor's degree or higher (or its equivalent) is normally the minimum requirement for entry into that particular position;
* the degree requirement is common to the industry in parallel nursing positions;
* the employer normally requires a degree or its equivalent for the position;
* or the nature of the position's duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's degree, or higher (or its equivalent). In determining how experience may be substituted for education, BCIS uses the formula that three years of specialized training and/or work experience is equal to one year of college-level training.
Three Categories Possibly Qualifying for H1B
1) Certain types of RNs may meet these requisite qualifications for the H1B visa. The first category of nurses who generally will be approved is the certified advanced practice registered nurse (APRN) category.
a) clinical nurse specialists (CNSs)
b) certified registered nurse anesthetist (CRNAs)
c) certified nurse-midwives (CNMs)
d) certified nurse practitioners (NPs) fall within this category.
If an APRN position requires the employee to be certified in that practice, the nurse must possess an RN, at least a Bachelor of Science in Nursing, and some additional, graduate-level education. CNSs include Acute Care, Adult, Critical Care, Gerontological, Family, Hospice, Palliative Care, Neonatal, Pediatric, Psychiatric and Mental Health-Adult, Psychiatric and Mental Health-Child, and Women's Health nurses. NPs include Acute Care, Adult, Family, Gerontological, Pediatric, Psychiatric & Mental Health, Neonatal, and Women's Health nurses.
2) The second category of nurses who may qualify for the H1B are those in administrative positions requiring graduate degrees in fields such as nursing or health administration.
3) A final, more subjective group that may receive H1B approval includes those who have a nursing specialty such as critical care and peri-operative nurses, or who have passed examinations based on clinical experience in school health, occupational health, rehabilitation nursing, emergency room nursing, critical care, operating room, oncology, and pediatrics, but who are not APRNs. In these cases, the petitioner must show that the nature of the particular position is so specialized and complex that one would normally expect the person performing the duties to have attained a bachelor's (or higher) degree, or its equivalent.
*Source: http://www.murthy.com/h1bnurse.html
Latest info regarding H1B for nurses: http://foreign-nurse.lefora.com/2008/12/09/uscis-ombudsman-recommends-expediting-processing-o/page1/
Pls. refer to pages 6-7 of the memo to know how many H1B visas were given the past 3 years and the reason why the low numbers.
Pls. refer to pages 6-7 of the memo to know how many H1B visas were given the past 3 years and the reason why the low numbers.
Another good article about H1Bs for nurses:
http://foreign-nurse.lefora.com/2009/03/20/good-article-on-h-1bs-for-healthcare-professionals/page1/
Hello t-cell,
I would like to know if it is possible for a nurse waiting for her EB3 visa try to get a H1B visa from another employer. Is it permissable? With the retrogression going on and with no end in site one must think of a legal way to go to the US and work legally. What say you?
Hello t-cell,
I would like to know if it is possible for a nurse waiting for her EB3 visa try to get a H1B visa from another employer. Is it permissable? With the retrogression going on and with no end in site one must think of a legal way to go to the US and work legally. What say you?[image]
-roncruz
Presuming you really qualify to be petitioned under the H1B and it does not conflict with your contract or agreement with your agency and/or original employer/petitioner then it is doable.
It's entirely up to your agency and your contract with them. Not all agencies are alike and not all contracts are alike.
This is just my opinion. Your query is best answered by an immigration lawyer or the very least the immigration consultant of your agency if they have one.
Also ask your agency first. You, going to another agency or employer w/o them knowing may constitute a possible breach of contract.
If anyone wishes to go for H1B, I would suggest that you do it fast NOW as I believe submission of application to the CIS is also bounded by time and quota. Every year the CIS is alloting 65,000 H1B visas. Moreover, the month of APRIL is fast approaching, it is at the desirable first week of the month that a H1B application may lounge . Otherwise if you have submitted your application at a time that the 65,000 quota has reached its ceiling, then chances for your application to get through will be slim since your application will still be subjected to a lottery draw.
The initial deadline for H1B application is set at April 7, 2009 as reported by Ron Gotcher. Once the quota has been reached, the CIS will stop accepting applications.
Would then suggest anyone to still consult their respective agencies/immigration lawyers regarding their plan of grabbing the H1B before making any drastic moves so as to avoid issues on breach of contract. But again, must move quick now as March is ending, and the H1B season is coming.
Goodluck and God Bless
Hi t-cell I would like to ask you if the H1-B is applicable for us nurses with this present situation for the the EB3 can we apply for the H1B? Can you share to us also the latest news on nursing immigration?
Again thank you very much this site is very informative.
Hi t-cell I would like to ask you if the H1-B is applicable for us nurses with this present situation for the the EB3 can we apply for the H1B? Can you share to us also the latest news on nursing immigration?
Again thank you very much this site is very informative.
-nursing
Generally, nurses do not qualify for the H1B except for a few exemptions as mentioned by the linked sources posted here.
The most impt. thing to know is if you qualify to be petitioned under H1B and if you are able to find an agency or employer willing to petition you under the h1B. If your credentials do not qualify for it or you cannot find an employer to petition you under it then it's a moot point.
You need to find one willing to petition you under H1B and have your credentials assessed if you are one of the exemptions that qualifies for it.
Lastly, application for it is done only once a year starting April 1 for the capped-H1B visas and they are busy filling it in the coming days and is expected to be filled up after 1-2 weeks.
I don't know too much about non-cap H1Bs other than it is usually hospitals linked with an educational institution that can use it. Best if you do your own research about it or find an agency or employer that does that.
Also, pls. refer to my reply to roncuz as well.
*P.S.
We are not claiming to be experts here nor ever claimed to be experts but just share what we know. It's always best if people do their own research or find multiple sources.
And also, may not be true in all cases, but if after all the laid reviews and assessments you are deemed qualified/eligible for H1b, it is very much desirable if the employer who petitioned your Eb3, will also be the very employer who will sponsor you for the H1B visa. This will avoid legal conflicts, and also approval is of great chances. I had the chance to know someone who did same way last year.
But then again, as the title heading of the thread says, H1B is not generally for nurses. There's also a misconception that H1B and H1C are same. No they aren't.
NOTE:
Just some pieces of information based from our own learnings. May not be factual statements and own research is still highly being encouraged. 
Hi, T-cell
Thank you very much for your information.
I have a question regarding H-1.
I am a foreign born but educated as a RN both in my country and the US.
I have 15 years experiences in the neuro surgery floor in my country and one year experience in the cardiac floor in the US.
I have BSN and am currently a graduate student working on the Master in Nursing.
My master program is Nursing education.
Do you know a Nursing educator is qualified for H-1?
Thank you in advance.
Milky
Hi, T-cell
Thank you very much for your information.
I have a question regarding H-1.
I am a foreign born but educated as a RN both in my country and the US.
I have 15 years experiences in the neuro surgery floor in my country and one year experience in the cardiac floor in the US.
I have BSN and am currently a graduate student working on the Master in Nursing.
My master program is Nursing education.
Do you know a Nursing educator is qualified for H-1?
Thank you in advance.
Milky
-milky
Since you have a Master's degree, it may be worthwhile if you instead explore possibilities of you being petitioned under EB2 and not settle for H1B or EB3 but if you are from a country whose area of chargeability is EB2 India or China then you you'll get the same problems you had filing under EB3 since EB2 China and India are not current as of the moment as well. if you are under Eb2 ROW then you can file for Adj. of Status since that area of chargeability is current.
As for H1B, your experience in neuro-surgey may help.
Best if you consult with an immigration lawyer so that your case can be properly assessed.
Hi, T-cell
Thank you for your comment.
I am neither from China nor India.
My 140 was approved in 2008 but I could not apply for a GC because of no available GC.
Therefore I was back to a graduated school after OPT was expired.
I am not sure if my employer is willing to sponsor my GC even if time comes.
They seem to be unwilling to deal with immigration issue any more. My status there has been inactive leave of absence though.
I have some questions.
#1) If they do not want to apply for GC for me, what happens my I-140?
Is there any possibility that other agency/hospital applies for GC (EB2 or EB3) using my I-140 that my employer petitioned?
#2) Who I can discuss with if I am eligible for EB2?
I recently contacted an immigrat lawer but he did not realize current nursing issues such as many nurses lost job, new grad can not get job, hospitals stop hiring, no nurse shortage and so on.
I told him these issues but he kept asking me to give him my all ID, immigration document without telling me any possible apporach. Especailly I do not have sonsopr ( as I mentioned, I am not sure if my previous employer sponsor me).
As for H-1, RNs who are qualified for H-1 are advanced practice RNs.
Nurse educators are not mentioned as APRNs according to H-1 category.
My question i#3 is if you know that a nurse edcator is regard as a APRN.
Thank you very much in advance.
Milky
Hi, T-cell
Thank you for your comment.
I am neither from China nor India.
My 140 was approved in 2008 but I could not apply for a GC because of no available GC.
Therefore I was back to a graduated school after OPT was expired.
I am not sure if my employer is willing to sponsor my GC even if time comes.
They seem to be unwilling to deal with immigration issue any more. My status there has been inactive leave of absence though.
I have some questions.
#1) If they do not want to apply for GC for me, what happens my I-140?
Is there any possibility that other agency/hospital applies for GC (EB2 or EB3) using my I-140 that my employer petitioned?
#2) Who I can discuss with if I am eligible for EB2?
I recently contacted an immigrat lawer but he did not realize current nursing issues such as many nurses lost job, new grad can not get job, hospitals stop hiring, no nurse shortage and so on.
I told him these issues but he kept asking me to give him my all ID, immigration document without telling me any possible apporach. Especailly I do not have sonsopr ( as I mentioned, I am not sure if my previous employer sponsor me).As for H-1, RNs who are qualified for H-1 are advanced practice RNs.
Nurse educators are not mentioned as APRNs according to H-1 category.
My question i#3 is if you know that a nurse edcator is regard as a APRN.
Thank you very much in advance.
Milky
-milky
As far as I know, nurse educators are not APRNs so it may not qualify for H1B but it may qualify for EB2. Again, best if you consult an immigration lawyer for this. You may want to seek a second opinion if your current lawyer does not follow or does not specialize in immigration for nurses.
To be fair, any immigration lawyer will really find it hard if he or she does not have all information he needs.
I suggest, consulting another lawyer for 2nd opinion and one that has experience and up-to-date w/ issues w/ nursing immigration.
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