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Immigration Q&A - September 20, 2009 Q1: H1B Visa vs. H1C Visa for NursesI am foreign educated Registered Nurse. I have obtained nursing license for RN from Arkansas State Board of Nursing. Due to my F1 visa status I am not able to get RN jobs in the USA. At present I stay in Little Rock, AR and looking for a job as RN. I come to know about your law firm and having hope to get Nursing job through H1C visa. I would like to apply for that. Thus, Will you help me to change my visa status from F1 to H1C? If so, what are the processes and criterias? Very few hospitals qualify to sponsor a foreign nurse for an H1C visa. In fact, I am only aware of 14 such hospitals which are listed on our web site here. Hospitals not on the list may apply through the DOL for H1C certification so they may sponsor H1C visas but they must meet stringent requirements. We encourage foreign nurses to apply through the H1B program rather than the H1C program if they cannot find H1C sponsorship from one of the 14 hospitals on our web site. A nurse may obtain an H1B for certain specialty or supervisory nursing positions such as a clinical nurse specialist or certified nurse practitioner. The applicant must also hold a BSN, other Bachelor's degree or equivalent if applying as a nurse manager or administrator. Q2: H1B Visa Advertising RequirementsI would like to apply for an H1B visa but I have some concerns. I heard that my employer has to advertise for my position to make sure no Americans want the job before he can sponsor me. Is that true? No, advertising for the position is not a requirement for the H1B visa program. Advertising the position to see if there are any minimally qualified US workers who want the position is a requirement of the PERM/Labor Certification program which is the first step in some employment based green card applications. The idea of requiring employers to first offer job openings to US workers before foreign nationals is something that has been considered by Congress off and on over the years. Most recently, Senators Grassly and Durbin floated this idea back in April 2009. |
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The Messersmith Law Firm, P.C. |
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