{"id":1377,"date":"2016-05-10T08:00:56","date_gmt":"2016-05-10T08:00:56","guid":{"rendered":"https:\/\/krilaw.com\/?p=1377"},"modified":"2026-04-09T17:13:33","modified_gmt":"2026-04-09T22:13:33","slug":"making-the-way-for-foreign-nurses","status":"publish","type":"post","link":"https:\/\/krilaw.com\/pl\/making-the-way-for-foreign-nurses\/","title":{"rendered":"Making The Way For Foreign Nurses"},"content":{"rendered":"

<\/b>While all types of jobs are important, U.S. immigration law prioritizes the need for foreign nurses<\/a>. \u00a0In doing so, the U.S. provides various options for foreign nurses to obtain temporary work visas and permanent residence here in the U.S. \u00a0A nationwide shortage of nurses has encouraged the U.S. to incentivize more foreign nurses to provide their expertise here. \u00a0An immigration <\/span>attorney<\/span> can give you more information about how you as a foreign nurse, or as a representative of a business who wishes to hire a foreign nurse should proceed to take full advantage of these <\/span>rules<\/span><\/a>. \u00a0<\/span><\/p>\n

The H-1B Visa<\/b><\/h2>\n

In order to work in the U.S. temporarily, a foreign nurse will need to obtain an H-1B visa<\/a>; a popular temporary work visa for foreign nationals with job offers for positions that the U.S. considers \u201cspecialty occupations.\u201d \u00a0The starting point for an application for an H-1B visa would be to file an I-129 petition with USCIS (the United States Citizenship and Immigration Services). \u00a0The burden would be on the potential employer to show that the nursing position is a \u201cspecialty occupation.\u201d \u00a0This is a four-part test that includes factors such as:<\/span><\/p>\n

    \n
  1. Does the position require a minimum of a bachelor\u2019s degree or higher?<\/span><\/li>\n
  2. Is the degree requirement for the job common to the industry or is the job itself so complex that it requires a degree?<\/span><\/li>\n
  3. Does this specific employer usually require a degree for the position?<\/span><\/li>\n
  4. Does the nature of the duties performed in the position correlate with the attainment of a degree (Bachelor\u2019s or higher)?<\/span><\/li>\n<\/ol>\n

    The employer would only have to show that one of these is met. \u00a0It is not enough to simply show that the prospective employee has a bachelor\u2019s or master\u2019s degree; you must show that the job requires one. \u00a0For nursing positions that require shorter certifications without a bachelor\u2019s degree, it will be difficult for an employer to prove that it is a \u201cspecialized occupation.\u201d<\/span><\/p>\n

    Green Card Eligibility<\/b><\/h2>\n

    In the U.S. a foreign nurse\u2019s employer can also sponsor them for a green card, but only after first offering the nurse a full-time, permanent nurse position. \u00a0After this, the employer would complete the labor certification process<\/a> (PERM), which is different for nursing positions than for others. \u00a0With regard to this process, a nursing position is a \u201cSchedule A\u201d position, meaning that it has been recognized in the U.S. as a position that we need more workers for. \u00a0This label allows an employer to skip a few steps that are usually required for the labor certification process:<\/span><\/p>\n