H1B Visa (Specialty Worker)
The H1B visa is for workers who will perform in a specialty occupation. A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations. If the applicant has a college degree or work experience and the job requires a college degree, then the applicant should be able to obtain an H1B visa. Spouses and children of H1B visa holders may enter and remain in the US in H4 status. H4 visa holders may attend school in the US but cannot accept employment.
An H1B classification may be granted to an immigration applicant who:
- Will perform services in a specialty occupation which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree or its equivalent as a minimum requirement for entry into the occupation in the United States, and who is qualified to perform services in the specialty occupation because he or she has attained a baccalaureate or higher degree or its equivalent in the specialty occupation;
- Based on reciprocity, will perform services of an exceptional nature requiring exceptional merit and ability relating to a DOD cooperative research and development project or a coproduction project provided for under a Government-to-Government agreement administered by the Secretary of Defense; and
- Will perform services in the field of fashion modeling and who is of distinguished merit and ability.
H1C Visa (Temporary Nurse)
The H1C visa is for nurses who wishes to work in health professional shortage areas. Only 500 H1C visas are granted annually. The visa is valid for three years and cannot be extended. In order to qualify for the H1C visa, the nurse must be licensed or have obtained a nursing degree in the US and pass the NCLEX-RN examination. Since the H1C visa is in such short supply, most nurses choose to skip the H1C visa and apply directly for the nurse green card. In addition, spouses and children of H1C visa holders may enter and remain in the US in H4 status. H4 visa holders may attend school in the US but cannot accept employment.
To qualify for a H!c Visa, foreign nurses must intend to work for eligible US hospitals who participate in the H1C program. The US Department of Labor identified the following 14 hospitals as currently eligible to participate in the H1C program:
- Beaumont Regional Medical Center, Beaumont, Texas
- Beverly Hospital, Montebello, California
- Doctors Medical Center, Modesto, California
- Elizabeth General Medical Center, Elizabeth, New Jersey
- Fairview Park Hospital, Dublin, Georgia
- Lutheran Medical Center, St. Louis, Missouri
- McAllen Medical Center, McAllen, Texas
- Mercy Medical Center, Baltimore, Maryland
- Mercy Regional Medical Center, Laredo, Texas
- Peninsula Hospital Medical Center, Far Rockaway, New York
- Southeastern Regional Medical Center, Lumberton, North Carolina
- Southwest General Hospital, San Antonio, Texas
- St. Bernard Hospital, Chicago, Illinois
- Valley Baptist Medical Center, Harlingen, Texas
The DOL has acknowledged that there may be other hospitals eligible to participate.
To be eligible for the H1C visa, a nurse must have a full and unrestricted license to practice professional nursing in the country where he/she obtained his/her nursing education, or have received nursing education in the US; have passed an appropriate examination (determined by the DHHS), or have a full and unrestricted license to practice as a registered nurse in the state of intended employment; and be fully qualified and eligible under the state laws and regulations of the state of intended employment to practice as a registered nurse immediately upon admission to the US.
Contact a Texas or Florida Immigration Lawyer at Bertolino LLP
Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an attorney in the Austin office, call 512.476.5757. For the Houston office, call 713.225.7474. You may also contact the firm by e-mail.
