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Chris Musillo on Nurse and Allied Health Immigration


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by Chris Musillo

The USCIS announced that the Fiscal Year 2012 H-1B cap was reached on November 22, 2011.  USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2012 that arrive after November 22, 2011.

International workers who are working in the U.S. on an H-1B visa with another cap-subject employer are not subject to H-1B cap.  These cases are commonly referred to as "H-1B transfer" cases and may be filed at any time throughout the year.

Employees that need a "cap-subject" H-1B must wait to file their Petition until April 1, 2012, for an employment start date of October 1, 2012.  "Cap-subject" H-1B petitions include:


* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school

* International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case

* Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1

* H-1B workers with a cap exempt organization

* Prospective international employees currently living abroad

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  1. Kelly's Avatar
    These cases are commonly referred to as "H-1B transfer" cases and may be filed at any time throughout the year.
  2. Amanda's Avatar
    Hi Chris: with Master degree,which one is easier to get H1b,a school nurse or a nursing administor? And do you know which one is easier to find a position? Thanks!
  3. Chris Musillo's Avatar
    Hi Amanda, Any position that requires a Bachelors degree is eligible for the H-1B. My sense is that neither regularly requires a Bachelors in the US and so neither is likely to be approved for an H-1B. But if i had to choose one, I would choose a Nurse Administrator. I do not think that either are in too short a supply in the US unfortunately for you.

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