Immigration Information on Obtaining Legal Temporary Employment with an H-1B Visa (Temporary Non Immigrant) in the United States of America
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The contents of this site relating to immigration into the USA are provided for information only,  Information has been greatly condensed from various sources readily available to the general public and should under no circumstances be conceived as legal advice or legal direction.

What is an H-1B Visa

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The H-1B nonimmigrant category is a limited duration temporary work visa for foreign workers in "specialty occupations". H-1B workers do not need to maintain a foreign residence during their period of stay in the U.S., a requirement imposed on many other nonimmigrant categories.  In addition, H-1B workers may, after their arrival in the United States, seek permanent residence, concurrently with holding H-1B status.

The basic requirements to be considered for for an H-1B Visa are:

  • The foreign Applicant must have a job offer, in writing, from an employer in the United States who is willing to Petition ( I-129) the Immigration and Naturalization Services for the granting of an H-1B Visa on his behalf.
  • The position offered by the potential employer must fall under a category called "special occupations" which covers job positions for which there is a special need or a shortage of United States Citizens or legal aliens living in the United States being able to perform that job. The foreign applicant must prove that he or she is qualified for the specialty occupation and the particular job offered. One essential help is to obtain a credentials evaluation of their foreign university degree, to show that it is equivalent to that of a U.S. degree. This credential evaluation is performed by special professional evaluation services in the USA and can cost from $200 up, depending on the complexity of the evaluation.
  • If the worker resides abroad, the H-1B visa must be obtained through a U.S. Consulate. After receipt of the INS approved I-129 Petition, the applicant alien worker will have to go to the Embassy/Consulate listed on the I-129 Petition to have the visa issued and stamped, after which, they may enter the U.S. .

Major Occupational Groups which are considered "SPECIALTY OCCUPATIONS":


The majority of employment-based Visa processing is routine, if:

  • the job offered meets the appropriate non-immigrant requirements;

  • the candidate is verifiably qualified (by education and/or experience); and

  • the employer is verifiably sound with adequate resources to pay the offered salary.

In these cases, there should be no reason to spend additional funds to hire an immigration attorney. If any of those items are questionable, an attorney has to be consulted, which will increase the costs substantially. 

Costs of obtaining an H-1B Visa, after a valid job offer has been obtained, when using a reputable Immigration Assistant Service (not an Immigration Lawyer) is approximately US $ 2,550. This normally includes all fees and courier services. The services used by JobLine International for its clients have a very high reputation and have been in business for many years.

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Registered Nurses

Many health organizations and hospitals H-1B visa petitions have been denied based on the fact that even though the nurse may possess a bachelor's degree, the job (regular staff nurse) does not require a bachelor's degree.  

According to current INS regulations, nursing is not a "specialty occupation" and does not require a bachelor's degree.  Therefore a Registered Nurse is not qualified for the H-1B visa category.  In cases of supervisory or management positions, or in subspecialty areas, the bachelor's degree may, indeed be required and the position may therefore, qualify, if the petitioning hospital or employer can verify / confirm the bachelor degree requirement to the satisfaction of INS.

Before paying anyone to process an H-1B visa for a nurse, make sure to check out all the requirements of the particular job offer and job description!

Go here for more details on Nursing Jobs in the USA

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