INS Issues Guidance On Adjudication of H-1B Petitions for Nurses
Posted: December 18, 2002
In light of the severe nursing shortage that the United States is facing, the Immigration and Naturalization Service (INS) has clarified its position on the processing of non-immigrant H-1b visas for nursing positions. In its November 27, 2002 memorandum, titled Guidance on Adjudication of H-1b Petitions Filed on Behalf of Nurses, INS stated that certain advance practice nurses, nurse administrators, and certain nursing specialties are eligible for H-1b issuance.
The memo asserts that the certain positions will "generally be H-1b equivalent, if the position requires and the alien has obtained an advanced practice certification." These qualifying positions include:
- Clinical Nurse Specialists (CNS): Acute Care, Adult, Critical Care, Gerontological, Family, Hospice and Palliative Care, Neonatal, Pediatric, Psychiatric and Mental Health-Adult, Psychiatric and Mental Health-Child, and Women's Health
- Nurse Practitioner (NP): Acute Care, Adult, Family, Gerontological, Pediatric, Psychiatric & Mental Health, Neonatal, and Women's Health.
- Certified Registered Nurse Anesthetist (CRNA); and
- Certified Nurse-Midwife (CNM).
Further, the memo reiterates the INS' longstanding position that a "nurse manager" is eligible for H-1b classification.
Finally, the memo also acknowledges that certain nursing specialties, such as critical care and peri-operative (operating room) nurses that require a higher degree of knowledge and skill than a typical RN or staff nurse position, are eligible for H-1b issuance. It goes on to detail the specializations where, although they are not advanced practiced nurses, as discussed above, they do possess additional clinical experience. Examples of these types of certification examinations are school health, occupational health, rehabilitation nursing, emergency room nursing, critical care, operating room, oncology and pediatrics.
We advise all healthcare institutions review their current policy involving the recruitment of foreign nurses and to re-evaluate those that may have been rejected in order to determine whether this new policy will allow greater flexibility within their organizations.
