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Chris Musillo on Nurse and Allied Health Immigration

USCIS SEEKS INFO ON H-1s FOR RNs

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by Chris Musillo

USCIS is asking the public for help on the issue of H-1B visas for Registered Nurses. In particular the USCIS seeks assistance the questions at the end of this blog posting.

The USCIS will not take case-specific questions or questions on allied healthcare workers. The question period is through March 7, 2014.


• What current trends and developments in the employment of nurses should USCIS be aware of? For example, have there been recent changes to the minimum educational, experience, training and/or other requirements for entry into certain specific nursing occupations?

• What new or updated USCIS guidance is needed for H-1B nonimmigrant and Schedule A-based immigrant visa petitions for nurses? Are there any recommended changes or updates to the November 27, 2002, USCIS Policy Memorandum on H-1B petitions for nurses, including the list of advanced practice nursing occupations?

• Are there any concerns regarding how USCIS has applied applicable law or policy in adjudicating H-1B nonimmigrant and Schedule A-based immigrant visa petitions for nurses?

• Where is the greatest need for either permanent and/or temporary nurses?

• How are hospitals and medical offices utilizing staffing companies? When a staffing company places a nurse with a hospital and/or a medical office, which entity retains control over the nurse’s employment and what are indicators for that?

Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com. You can also visit us on Facebook and follow us on Twitter.

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