Practice Areas

H-1B and H-1C visas for the Registered Nurse (RN)

Generally, an H-1B visa may only be approved if the position is in a "specialty occupation," which is defined in as one that requires "theoretical and practical application of a body of highly specialized knowledge." More importantly, an H-1B visa requires at least a four year bachelor's degree in the specific specialty or its equivalent.

The bachelor's degree requirement is a problem in the nursing profession. Typically, the minimum requirement to be licensed as a Registered Nurse (RN) is a two-year degree in nursing (A.D.N.), rather than a four-year bachelor's degree¹. It would seem that RNs do not qualify for the H-1B visa. However, the USCIS has recently released regulations that allow registered nurses to qualify for the H-1B visa. The following requirements must be met.

How an RN can still qualify for an H-1B visa:

In order to qualify an RN position as H-1B, the petitioning employer can meet the existing regulatory requirements by showing that:

1. A bachelor's or higher degree (or its equivalent) is normally the minimum requirement for entry into the position;
2. The degree requirement is common to the industry for parallel nursing positions (i.e., employers in the same industry require their employees to hold the degree when they are employed in the same or a similar position);
3. The employer normally requires a degree or its equivalent for the position; or
4. 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 or higher degree (or its equivalent).

In determining degree equivalencies, the government uses a formula that requires the alien to have three years of specialized training and/or work experience for each year of college-level training that the beneficiary is lacking. For example, a typical RN with a two year associates degree would strongly benefit from having six (6) years of training or work experience before applying for an H-1B visa.

Advanced Practice Nurses

The government recognizes that some nurses, generally known as advanced practice nurses, meet the requirements for the H-1B visa. These positions commonly require a bachelor's degree or higher. The most common examples are the clinical nurse specialist (CNS), certified registered nurse anesthetist (CRNA), certified nurse-midwife (CNM), or certified nurse practitioner (APRN-certified). These specialties require enough additional education and/or training to qualify for H-1B status.

For more general information on the H-1B visa, please click here.

H-1C visas

In addition to H-1B visas, an RN may qualify for an H-1C visa. The H-1C category applies to an alien coming temporarily to perform services as a registered nurse in a health professional shortage area as determined by the United States Department of Labor. Additionally, only 500 H-1C petitions can be granted per each fiscal year.

In order to obtain a visa as an H-1C nurse, a nurse must:

1. Be licensed where he or she was educated or have received nursing education in the United States;
2. Pass an approved examination (currently CGFNS) or hold full and unrestricted (U.S.) state license; and
3. Be immediately eligible and qualified to engage in professional nursing immediately upon entering the United States.

Requirements for Employers

Medical facilities wishing to hire H-1C nurses must demonstrate the following:

1. The facility was a hospital located in a designated health professional shortage area as of March 31, 1997, and meets the definition of a "subsection (d) hospital" found in the Social Security Act. (Generally, subsection (d) requires facilities to a certain number of hospital beds and be at least partially eligible for Medicaid).
2. Employment of an H-1C nurse will not adversely affect the wages and working conditions of similarly employed U.S. nurses;
3. The H-1C nurse will be paid the same wages as other similarly employed nurses;
4. The facility has attempted to recruit and retain U.S. nurses;
5. The petition is not taking place during a strike or lockout;
6. Notice of the H-1C petition has been provided to the designated union bargaining representative or, if there is no bargaining representative, has been posted in conspicuous places within the facility; and
7. H-1C nurses at the facility will never number more than one-third of the total registered nursing staff.

The experienced and skilled immigration attorneys at Shihab and Associates are prepared to assist you in obtaining the necessary visa for a nurse. We can assist you whether you are an individual who wants to come to the U.S. or a U.S. hospital that is in need of nurses. No matter what your issue, Shihab and Associates is ready to make the process as easy as possible. To set up an initial consultation please contact us.

^1. The State of North Dakota is the only state which requires a BSN or bachelor's degree in nursing. An RN in North Dakota would qualify for an H-1B visa.