Foreign nationals who have passed the NCLEX (National Council Licensure Examination) and have a valid job offer from a U.S. employer can apply for an H-1B visa, provided they meet the general requirements. The H-1B visa is a non-immigrant visa that allows U.S. companies to hire foreign professionals in specialty occupations, including nursing, under certain conditions.
Here’s an overview of the process and requirements for nurses applying for an H-1B visa as shared by our Los Angeles, CA Green Card Lawyer:
1. NCLEX Exam Requirement
- Passing the NCLEX is an essential step for foreign-educated nurses to become licensed in the U.S. Most states require passing this exam to work as a registered nurse.
2. Specialty Occupation Criteria
- To qualify for an H-1B visa, the nursing position must be considered a “specialty occupation.” Typically, this means that the job requires a bachelor’s degree or higher in a specific field. Some advanced nursing roles (e.g., nurse practitioners, nurse managers, or specialized nurses) may qualify for H-1B, but general registered nurse positions may not meet the specialty occupation criteria unless they require advanced education.
3. Educational Requirements
- The nurse must hold at least a bachelor’s degree (BSN) or equivalent education. Many H-1B positions for nurses are in specialized fields that require additional qualifications, such as advanced practice registered nurses (APRNs).
4. Job Offer From A U.S. Employer
- The nurse must have a job offer from a U.S. employer willing to sponsor their H-1B visa. The employer must also file a Labor Condition Application (LCA) with the Department of Labor, showing that they will pay the prevailing wage for the role.
5. Visa Cap
- The H-1B visa is subject to an annual cap of 65,000 visas, with an additional 20,000 visas for workers with a U.S. master’s degree or higher. Applicants must apply through a lottery system due to the high demand.
6. Alternative Visa Options
- If an H-1B visa is not an option (due to visa caps or job requirements), other visa types like the EB-3 immigrant visa (green card for skilled workers) may be available for nurses. This visa is often used by foreign-educated nurses seeking permanent residency.
Foreign Nationals who pass the NCLEX and meet the specialty occupation requirements, applying for an H-1B visa is possible with a valid job offer in a qualifying nursing role. However, general nursing positions may not always qualify unless they require advanced skills or qualifications as we can explain since being in business since 1996.
For more details, consulting an immigration lawyer or recruitment agency experienced in nursing visas can provide further guidance based on individual circumstances.
Keep in mind, Nurses are not generally exempt from the H-1B visa cap. Like other professions, nurses applying for an H-1B visa are subject to the annual cap of 65,000 visas, with an additional 20,000 visas available for those holding a U.S. master’s degree or higher. This means that unless an exception applies, foreign nurses must go through the H-1B lottery system.
However, certain exemptions do exist for some employers, including:
- Cap-exempt employers: Nurses working for universities, nonprofit research institutions, or government research organizations may be exempt from the H-1B visa cap. These organizations can sponsor H-1B visas at any time without being subject to the lottery process.
- Nurses with advanced qualifications: Only certain nursing roles that require specialized skills, such as nurse practitioners, clinical nurse specialists, and other advanced practice registered nurses (APRNs), may qualify under the H-1B specialty occupation criteria. General registered nursing positions typically do not qualify unless they are for a role that mandates a bachelor’s degree or higher.
For foreign nurses who do not qualify for the H-1B or are not cap-exempt, other visa options like the EB-3 visa for skilled workers may be a better fit, particularly for those seeking permanent residency (green cards).
This means that nurses must meet the specific requirements of the H-1B visa and, if not exempt, must go through the lottery system like other applicants. Contact Bolour / Carl Immigration Group, APC for more information. Our team has over twenty five years of experience in cases just like yours.
