|Immigration Information on Obtaining Legal Temporary Employment with an H-1B Visa (Temporary Non Immigrant) in the United States of America||
List of Occupations for which the US Department of Labor determined that there is a shortage in the United States
List of Occupations for which the US Department of Labor determined that there is no shortage in the United States
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
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:
Major Occupational Groups which are considered "SPECIALTY OCCUPATIONS":
PHYSICAL THERAPISTS, OCCUPATIONAL THERAPISTS,
SPEECH-LANGUAGE PATHOLOGISTS, MEDICAL TECHNOLOGISTS,
OTHER HEALTHCARE PROFESSIONALS
The majority of employment-based Visa processing is routine, if:
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.
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!
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