The H-1B visa is a lottery visa that is reserved for individuals who seek to work in what is called a “specialty occupation” in the United States.
A specialty occupation exists if any of the following are satisfied:
a) the foreign worker either possesses a bachelor’s degree or higher or equivalent work experience for the particular position sought
b) that the degree requirement is common for the particular position within the industry, or that the job is so complex or unique that it can only be performed by someone possessing a bachelor’s degree or equivalent work experience in a relevant field for the position
c) that the employer normally requires a degree or its equivalent for the position or
d) that the nature of the duties necessary to perform the position are so specialized and complex that performance of the duties is associated with attainment of a bachelor’s degree or higher, or equivalent work experience.
Nurses in management positions, nurse practitioners, certain ICU high level nurses, and some nurses in research, may qualify for the H-1B visa.
- The nurse must possess a bachelor’s degree or higher relating to their area of employment
- The nurse must have a job offer from a U.S. employer to perform work in a specialty occupation (such as a nurse practitioner)
- The H-1B visa is a lottery visa subject to a numerical cap. An applicant may only apply for an H-1B visa in April of each fiscal year
- The nurse’s employer must be willing to pay the prevailing wage which is the average wage paid to similarly employed workers in the area of intended employment. The prevailing wage is determined based on the occupation and work location where the foreign worker will be employed
- The employer must attest that they will pay the nurse at least the prevailing wage and also that the nurse will be working at a particular location
For more information about the H-1B visa please visit our website.