Foreign National Nurses – Change of Status to H-1B Work Visa
Historically nurses were not allowed to get work visas through the H1-B visa work program due to educational requirements. The U.S. Department of Labor had set the standard requirements for nurses at a two-year associate’s degree level. In contrast, to be eligible for an H-1B visa the profession must require a 4-year degree minimum. Our Immigration lawyers have worked with nurses, occupational therapists and physical therapists for over 25 years; and all three professions continue to be deemed ‘in shortage’ within the United States according to the Department of Labor (DOL).
The good news is that DOL has reevaluated several nursing positions, as they are not all equal. For instance, a surgical nurse is now considered to require a four-year bachelor’s degree. Professional nurses from abroad, whose foreign education meets the equivalency test of a four-year U.S. degree may now be considered for an H-1B work visa. Hospitals and Medical Employers are now able to better meet their hiring needs by recruiting non-citizen nurses to meet shortages.
It is important to remember that the DOL dictates the requirements for a position or job, and not independent employers. There are now several U.S. jobs where the DOL reclassified educational requirements to the four-year degree minimum requirement., It is essential lawyers keep abreast of DOL updates and changes as the requirements are dynamic.
Our immigration attorneys sit down with hospitals, practices and healthcare facilities to understand the organization’s needs for nurses, and explain approvable positions considered specialty occupations under the H-1B program.
Once it is determined that a nurse is eligible to participate in the H1-B work visa program, the next hurdle is the visa screen which foreign national visa applicants should plan for well in advance due to extensive processing times. Our immigration lawyers have been able to request expedited visa screens, however, where it is critical to bridge the status of someone remaining in the United States. Finally, depending on the employer’s status, the H-1B capped visa lottery may or may not apply. Certain organizations, such as non-profits, are not subject to the H-1B cap.
We have successfully processed these U.S. immigration matters for over 25 years. To schedule a consultation, you may email us at info@becapitallaw.com or call / text (703)966-0907. B&E Capital – Vassell Law Group, PC | http://www.vasselllaw.com | http://www.becapitallaw.com | Members of the American Immigration Lawyers (AILA).