Good News for Nurses Interested in US Work: The H-1B Visa

nurse and the H-1B visa

If you’re a nurse who wants to go work in the United States, the H-1B Visa may now be an option. The H-1B Visa is a temporary worker visa designed for non-immigrant applicants in specialty occupations, including careers focused on medicine. Because the standard required education for H-1B Visas is a post-secondary degree with at least four years of study in the specialty area, and registered nurses in the US instead needed an associate’s degree or a certificate of nursing, most nurses weren’t previously eligible.

New H-1B Visa Requirements

Now, however, a recent policy memorandum shows that the USCIS is changing its requirements to be more in line with recent trends in the nursing industry, including employer’s preferences for more educated nurses. While not all nurses are eligible, those who work with specialized patient groups (including nurses in areas including but not limited to pediatrics, genetics, addictions, cardiovascular, critical care, and the emergency room) may now qualify. Some Advanced Practice Registered Nurses may also qualify.

It’s worth checking to find out if your area of expertise is on the list (or, if it’s not, whether it might still fit the requirements—not all possible eligible fields are listed in the memorandum).

Employer-Employee Relationship

If you qualify based on your occupation, there are still some additional requirements. An H-1B Visa applicant must prove that they have an employer-employee relationship established for when they arrive in the US. A valid employer-employee relationship means that the petitioning U.S. employer may hire, pay, fire, supervise or in some other way control the work of the proposed employee. The employer must also intend to pay the “actual or prevailing wage” for the relevant occupation in the area where the applicant would be employed; proof can be in the form of past pay stubs from the company or a letter from the company stating the intended pay once the applicant is employed.

To put it simply, you have to prove that you have a valid job opportunity and that you will be paid an appropriate wage based on the standards for that occupation in the region you’d be working in. There’s a cap on how many H-1B Visa application can be successful in any given year, but this new policy opens up the possibilities for nurses and is worth exploring.

Why Hire Us to Help You With Your H-1B Visa Application?

The documentation and processes involved in successfully obtaining a U.S. work visa for a foreign beneficiary are complex and usually require legal expertise. At Visaplace, we have helped thousands individuals enter the U.S. with H-1B visas, and we can help you too! The first step towards a successful H-1B application is getting an assessment of your case. Fill out our free immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and options.

Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.

Customer Reviews

Here’s my good advice; Lawyer up. ...and if your looking for a group of lawyers to help with your international affairs regarding visas and work permits; these professionals are top notch. I’ve had a great experience, they got the job done, and my job was very complicated. Rania Abboud, high five to you especially, you set up a great plan for success, replied to my questions very quickly, kept me informed and your very knowledgeable in your field. To everyone else at VisaPlace; Thank you as well. As a business owner myself I immediately recognized the way your team works so effectively! I wish you all the best of success. J.

Jason Mayerin the last week

The team at the Visa place as very thorough in the preparation of my application which I am sure made a difference. They guided the process well to a successful outcome. Would recommend them for sure.

Brad Davies2 weeks ago

I hired them for my study permit application! I had been denied twice and thanks to them the 3rd try was a success. Lisa Inspektor was my main contact. She is Very nice and polite. I strongly recommend you to go with them! The money you’re gonna spend is gonna be worth it

landry walker3 weeks ago