The H-1B visa classification allows a U.S. employer to petition for a temporary worker in a specialty occupation. Most registered nurse (RN) positions do not qualify as a specialty occupation because they do not normally require a U.S. bachelor’s or higher degree in nursing (or its equivalent) as the minimum for entry into those particular positions. There are some situations, however, where the petitioner may be able to show that a nursing position qualifies as a specialty occupation. For example, certain advanced practice registered nurse (APRN) positions normally require a U.S. bachelor’s or higher degree in a specific specialty as the minimum for entry into these particular positions. Approximately twelve years have passed since USCIS issued guidance on determining whether or not a nursing position is a specialty occupation.1 Because of changes in the nursing industry, USCIS is issuing this PM to provide updated guidance on the adjudication of H-1B petitions for nurses.

 

 

        Registered nurses generally do not qualify for H-1B classification.5This is because most RN positions do not normally require a U.S. bachelor’s or higher degree in nursing (or its equivalent) as the minimum for entry into these particular positions and thus are unable to qualify as specialty occupations. According to the U.S. Department of Labor’s Occupational Outlook Handbook (OOH), RNs usually take one of three education paths: a bachelor’s of science degree in nursing (BSN), an associate’s degree in nursing (ADN), or a diploma from an approved nursing program.6Generally, licensed graduates of any of the three types of education programs (bachelor’s, associate’s, or diploma) qualify for entry-level RN positions. 

 

        Although the AND is still the most common degree people pursue to become an RN, nursing candidates are increasingly pursuing BSN degrees. In addition, RNs with an ADN or diploma may return to school to earn a bachelor’s degree through an ADN-to-BSN program. There are also master’s degree programs in nursing, combined bachelor’s and master’s programs, and programs for those who wish to enter the nursing profession but hold a bachelor’s degree in another field. The private sector is increasingly showing a preference for more highly educated nurses. The American Nurses Credentialing Center (ANCC) Magnet Recognition Program recognizes health care organizations that advance nursing excellence and leadership. In this regard, achieving Magnet status indicates that the nursing workforce within an institution has attained a number of high standards relating to quality and standards of nursing practice. 

 

        Registered nurses’ duties and titles often depend on where they work and the patients with whom they work. Their work can focus on specific areas, for examples, please visit USCIS’s website (http://www.uscis.gov/sites/default/files/files/nativedocuments/Adjudicat...).  Depending on the facts of the case, some of these RN positions may qualify as specialty occupations.

 

 

        Advanced practice registered nurse defines a level of nursing practice that utilizes extended and expanded skills, experience and knowledge in assessment, planning, implementation, diagnosis and evaluation of the care required.11Positions that require nurses who are certified APRNs will generally be specialty occupations due to the advanced level of education and training required for certification. However, having a degree is not, by itself, sufficient for the position to qualify for H-1B classification. Acritical factor remains whether a baccalaureate or higher degree in a specific specialty (or its equivalent) is normally required for these particular positions. It must be noted that a beneficiary’s credentials to perform a particular job are relevant only when the job is found to qualify as a specialty occupation. USCIS is required to follow long-standing legal standards and determine whether the proffered position qualifies as a specialty occupation, and whether a beneficiary is qualified for the position at the time the nonimmigrant visa petition is filed.12Each state legislature and Board of Nursing decides on the title it will use for APRNs and regulates licensure, scope, and standards of practice. While the burden is on the petitioner to establish eligibility for the benefit sought, generally, the following is a non-exhaustive list of APRN occupations that may satisfy the requirements for a specialty occupation: