ScottVassell & LeeCC Law Firm
  • Free & Standard Consultations Available
  • Over 20 Years Experience
703-261-6881 Virginia
301-251-4003 Maryland
202-973-0156 D.C.
Do you need a RUSH on Your Immigration Case? Contact us today about our Expedited Services for Preparation & Filing of U.S. Immigration matters.

Green Card Expiration and Applying for U.S. Citizenship

Our clients have always found it odd that a profession as important as nursing cannot qualify for an H-1B visa. H-1B visas are issued to specialty occupations, and indeed nursing is a specialized field. However, the legal definition of "Specialty Occupation" according to the Federal Regulations is a job position that requires the minimum of a 4 year bachelors degree. Educational requirements for registered nurses according to the U.S. Department of Labor Standards is a 2 year degree or diploma. And historically, this has caused the problem.

Our law firm, however, has successfully qualified nurses who hold a 4 year bachelors to qualify for H-1B visas. There are indeed some nursing positions which are very specialized in the industry. The burden of proof is on the employer to prove that the nursing position they seek to fill meets the minimum standards of a 4 year degree.

See below a list of registered nursing positions which may qualify for an H-1B visa:

•Advance Practice Registered Nurse (APRN)

•Nurse Case Manager

•Addiction Nurses

•Critical care Nurses

•Emergency room nurses

•Genetics nurses

•Neonatology nurses

•Nephrology nurses

•Oncology nurses

•Pediatric nurses

•Peri-Operative (Operating Room) nurses

•Rehabilitation Nurses

•Other nurses

In addition to a bachelors degree, a registered nurse position must also demonstrate the following:

•The nature of the duties must be so specialized and complex that the knowledge required to perform the duties of the position is the norm associated with the attainment of a baccalaureate or higher degree.

•The Degree is common in the industry and for the employer.

It is important that an attorney, who is a member of the American Immigration Lawyers' Association (AILA), be consulted to determine if a registered nurse with a bachelors degree may qualify for an H-1B visa based on the type of position he or she is being offered by the U.S. Employer.

If you have any questions or need a consultation, please contact us at [email protected] or call us at one of our office numbers conveniently listed at


Vassell & LeeRC Law Group

No Comments

Leave a comment
Comment Information


Call or e-mail us to inquire about our free limited telephone consultations. We have competitive rates and we accept Visa and MasterCard. Reach us at 703-261-6881; 301-251-4003; or 202-973-0156.

[email protected]

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

ScottVassell & LeeCC Law Firm Spanish, Portuguese, Korean, Mandarin, Cantonese and French services available.

Fairfax Office
11350 Random Hills Road
Suite 800
Fairfax, VA 22030

Phone: 703-261-6881
Map & Directions

Rockville Office
110 North Washington Street
Suite 404
Rockville, MD 20850

Phone: 301-251-4003
Map & Directions

Washington Office
1629 K Street
Suite 300
Washington, DC 20006

Phone: 202-973-0156
Map & Directions