VisaNow.comWith the increasing shortage of nurses in the U.S., more and more health care providers are focusing on overseas recruitment. There have always been special issues with employing foreign nurses under the H-1B non-immigrant visa category. The INS has addressed some of these issues by providing guidance in a memo dated November 27, 2002 to all Service Center Directors to assist with adjudicating these petitions. As you may know, most foreign registered nurses (RNs) do not generally qualify for employment under the H-1B visa. Instead, those nurses are hired through the H-1C visa, TN visa or an employment-based Green Card. However, the INS memo confirms that RNs obtaining employment within a specialty occupation, advanced practice registered nurses (APRN) and certain nurses in administrative positions are more likely to be eligible for an H-1B visa. In order to hire a foreign nurse under the H-1B category, the employer sponsoring the nurse must provide evidence that the nurse has the educational level of a bachelor’s degree or equivalent work experience (12 years) and one of the following:
- A bachelor’s or higher degree (or the equivalent) is usually the minimum requirement for entry into the particular nursing position;
- The degree requirement is common to the industry for parallel nursing positions;
- The employer normally requires a degree or its equivalent for the position; or
- The nature of the position’s duties are so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree, or its equivalent.
http://www.ins.gov/graphics/lawsregs/handbook/NurseMemo_112702.pdf If you have any questions about this INS memo or employ foreign nurses, please send an e-mail to news@visanow.com.
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