More information about H1B for nurses

1) Nurses in the Philippines hear that they can get visas to the U.S.A. without the VisaScreen certificate, the CGFNS exam or a state license. For the sum of $7000 to $10,000 U.S. dollars, they apply for and receive H-1B visas, which allow them to enter the USA for three years. With the retrogression of immigrant visas, this method of entering the USA will be even more popular. Generally, an R.N. does not qualify for an H-1B visa because Professional Nurse is not a specialty occupation.

How closely does the consular officer look at the H-1Bs being issued to applicants who have BSN degrees when the job requires a BSN degree but the job is not for a Professional or Registered Nurse? I regularly see nurses who entered on H-1B visas, began working as a nurse immediately and never worked as a "Patient Educator", "Rehabilitation Specialist", or other of the 17 job descriptions I have seen which qualified the nurse for an H-1B visa. I do not do these visas because I think they are fraudulent but there are so many issued that it makes me wonder.

THE NIV CHIEF OFFERED THAT, WE DO NOT ISSUE H1B VISAS TO NURSES UNLESS THEY HAVE A VISASCREEN CERTIFICATE, AND APPROPRIATE STATE LICENSING. WE RETURN PETITIONS TO DHS WHEN WE FIND THAT NURSES ARE ATTEMPTING TO OBTAIN H1BS CALLING THEMSELVES "RESEARCH ASSISTANTS", "HEALTH CARE ADMINISTRATORS", AND THE OTHER SPECIALIZED AND CREATIVE JOB DESCRIPTIONS SEEN ON PETITIONS WHEN IN FACT THEY ARE GENERALIST REGISTERED NURSES.

*Reference: http://www.ilw.com/articles/2005,0203-boecker.shtm


2) The H1B professional category is used for "specialty occupations," positions for which a Bachelor's (or higher) degree, or the equivalent, is the minimum requirement for entry into the professional position.

While Registered [nurses (RNs) are generally considered to be professionals, RNs have had difficulty in qualifying for the H-1B status because most RN positions do not necessarily require a baccalaureate degree or its equivalent.

Generally most RNs are qualified to work based on having merely completed an Associate (2 year) degree program or a hospital diploma program. Only for certain specialized types of nursing, for example intensive care, is the Bachelor's degree the minimum requirement. However, most RN positions apparently do not require a Bachelor's degree as the minimum for working in the field.

*Reference:
www.murthy.com

3) Previous thread regarding what happened on the recent H1B filing in April, 2007, see:

http://allnurses.com/forums/f75/h1b-visa-216128.html


4) Other previous references about H1B that can be found in our Int'l forum:

http://allnurses.com/forums/f75/can-...1b-214407.html


5) Memos and other documents from USCIS regarding H1B for nurses:

http://www.uscis.gov/files/pressrele...emo_112702.pdf

http://www.uscis.gov/files/article/EIB19.pdf


*Decided to make a thread about it for accessibility and to update everyone esp. since many are still being told to undergo these visas and some not knowing fully that it is actually fraudulent to mis-represent that one is a specialist just to be able to file for H1B and basically a lottery process now (read what happened last April, 2007). That's what happened last April and it would be the same for next April since it will be the same amount of visas (65,000) that would be made available. You can only file for it only every April of the year as well and once exhausted (exhausted in just 1 day last April, 2007) you can't file for it until next year again.