USCIS Issues Updated H-1B Policy Guidance for Registered Nurses
The USCIS has recently revisited the policy guidelines for nurses seeking H-1B status. Registered Nurses (RNs) generally do not qualify as a specialty occupation because a bachelor’s degree is not required for employment as a RN. Furthermore, although all RNs are required to have a nursing license by passing the National Council Licensure Examination (NCLEX), no state currently requires a bachelor’s in nursing for employment, criteria which would automatically qualify an RN as a specialty occupation. However, with the emergence of the American Nurses Credentialing Center (ANCC) Magnet Recognition Program gaining more popularity, USCIS has updated its policy in order to provide better guidance to adjudicators of nursing H-1B petitions.
The ANCC recognizes health care organizations that strive to advance nursing excellence and leadership. More and more hospitals are now trying to achieve “magnet” status, and are therefore requiring more skills and higher degrees from their RNs, which include at least a Bachelor of Science of Nursing (BSN) degree for employment. As a result, some RNs may now qualify for H-1Bs who work in a specialty occupation.
Many RNs continue their education and become Advanced Practice Registered Nurses (APRNs). APRNs include a variety of nursing titles/positions, such as Certified Nurse Midwife (CNM), Certified Nurse Practitioner (CNP), Certified Registered Nurse Anesthetists, etc. Because there is an advanced level of education and training associated with these positions, APRNs generally qualify as specialty occupations.
It should be noted, however, that having an advanced degree still does not automatically qualify someone under the specialty occupation. The burden of proof is still on the employer to ensure that they have met all of the requirements under the H-1B category. Suggested documentation to establish qualification includes: evidence which shows the nature of the business and industry practices; a detailed description of the duties to be performed; ANCC magnet recognized status; specialized training and clinical experience; requirements of advanced certification; a detailed description of duties to be performed; and a paid wage in relation to others within the occupation.
It’s been 12 years since the USCIS addressed the eligibility of nurses as a specialty occupation. This updated policy guidance recently issued by USCIS shows that they are progressing with the field and making an effort to keep adjudication policies in line with the continuous changes in the nursing field.
Sharma Law Offices, LLC is a highly rated Atlanta based immigration law firm for H-1Bs and represents clients throughout the United States. We always strive to educate our clients with the most up-to-date information. Please feel free to contact us if you need additional information or have further questions on H-1Bs for nurses.