Non-immigrant visa option for nurses?
One time I was asked by Richard, a registered nurse from the Philippines, how he can work in the US under H1B visa since this visa category for nurses is under retrogression. Apparently, a friend told him a recruitment agency is facilitating H1B visa applications for nurses to work in US hospitals and nursing homes at entry-level staff nursing positions. Richard wants to know if this option is available to him.
Years ago, I had a case involving nurses under the same situation. The nurses paid this agency, came to the US as H1Bs, but were refused employment by the hospital because they lacked the proper credentials under H1B guidelines for nurses.
Under present immigration laws, nurses have limited options under the non-immigrant, H1B visa category because employers only require a two-year nursing degree and not a four-year, bachelor's degree as what all of our Philippine graduate nurses possess. All, if not most states in the US, do not require a bachelor's degree for nurses. H1B visa is issued to temporary workers if their position is a specialty occupation; one which requires a theoretical and practical application of highly-specialized knowledge and the attainment of a bachelor's or higher degree as a minimum for entry into that occupation. Thus, if the state licensure authority says you can practice nursing even without attaining a bachelor's degree, then nursing does not qualify as a specialty occupation. If it does not qualify as a specialty occupation it does not fall under the H1B visa category.
So the answer to Richard's inquiry is no. There are no H1B visas available for entry-level, staff, bedside nursing position. However, there are specific situations where H1B can still be issued to nurses:
1.If the state where the nurse seeks a license requires a bachelor's degree (sadly, no state presently requires a bachelor's degree for nurse licensure)
2.If the nursing position so offered is one that is highly specialized and complex such that the knowledge required is usually associated with the attainment of a bachelor or higher degree.
The silver lining is that H1B is available for nurses in positions which are advanced and specialized. These positions are not for the normal, entry-level, bedside staff nurses. USCIS has identified nursing positions which are considered to be highly specialized such as clinical nurse specialist, nurse practitioner, certified registered nurse anesthetist, and certified nurse midwife. Nurses who may work in administrative positions or those who manage and supervise lower-level employees may also qualify for H1B. Also, specialized nursing positions such as those in critical care, pediatrics, emergency room, occupational health, operating room, rehabilitation, and mental health can also be granted H1B visa. It is important for these specialized nurses to have the necessary certifications from the appropriate specialty boards.
Nurses applying for H1B should know this type of visa is not available for everyone. Each application is decided on a case-to-case basis depending on the nature of the position and the nurse's qualifications. So before you pay to anybody promising they can get H1B visa for you, make sure you know your specific circumstances. It is always wise and prudent to seek professional help.
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