H-1B visas are for professional workers in “specialty occupations” including engineering, technology and health care. Foreign nurses may qualify for H-1B visas to live and work in Illinois as Lawful Permanent Residents (green card holders). All nurses do not qualify for an H-1B visa. H-1B visa qualifications include that the job must require at least a Bachelor’s degree:
The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.
Many nursing jobs do not require a Bachelor’s degree. Many RN and LPN positions require a 2-year degree, not a 4 year Bachelor’s degree or other nursing certification. Nurse practitioners, nursing instructors, nurse managers, clinical nurses and other nursing occupations that require a 4-year degree are more likely to successfully apply for an H-1B visa.
A foreign nurse must find a nursing job that requires a Bachelor’s degree in the U.S., the employer must sponsor them for a green card by completing a health care worker labor certification Form 9089 with U.S. Customs and Immigration Service. If USCIS approves the application, the employer can then file the I-140 Immigrant Petition for Alien Worker petition for the nurse. If that is approved, the nurse can then apply for Lawful Permanent Residence and a green card.
Godoy Law Firm’s experienced Illinois business immigration attorneys can assist foreign nurses and a wide range of professional occupation H-1B visa applicants. Contact us today at 855-554-6369.
