H-1B for Nurses

The USCIS’s outlook on adjudication of H-1B petitions for nursing positions is going to change radically with new policy memorandum.

Traditionally, nursing profession was not considered a specialty occupation by USCIS standards and, therefore, nurses were frequently found ineligible for H-1B visas.  This is because college degree was not a requirement for most nursing positions.  Since the last policy memorandum, published in 2002, more and more nurses have obtained college degrees.

Due to this systemic change in the market and the growing demand for qualified and skilled nursing personnel in the private sector USCIS has issued new policy memorandum on July 11, 2014.

 In the new memorandum, USCIS underlines three categories of nursing positions that from now on will be treated as a specialty occupation: nurse managers, nurses in specialized fields, and advanced practice nurses.

According to USCIS and the U.S. Department of Labor, nurses that work in specialized fields such as cardiovascular, pre-operative, addiction, pediatric, oncology, neonatology, etc. also possess specialized knowledge, skills, and appropriate educational level.

In addition, the new memorandum describes nursing specialty positions eligible for H-1B visas, such as Advanced Practice Registered Nurse, Certified Nurse-Midwife (CNM), Certified Clinical Nurse Specialist (CNS), Certified Nurse Practitioner (CNP), and Certified Registered Nurse Anesthetist (CRNA).

It is necessary to keep in mind that education requirement is only a part of the eligibility criteria that is essential for successful H-1B visa applications. Other requirements include appropriate job description, clinical experience, and training. Registered Nurses (RNs) may qualify for H-1B visas if they successfully demonstrate that above-mentioned requirements are met.

Please join us for a 

Lunch & Learn 

Build YOUR Bridge to a Financial Excellence

Success Stories: How multinational companies simplified Financial Planning in SAP

Presenter: Adrian Rochofski

Executive Vice President, KERN Americas Corp.

Mr. Rochofski is a passionate Controlling and SAP professional with a unique

ability to create sustainable solutions for critical business processes

Wednesday July 30, 2014

12:00 P.M.

Charlotte City Club

121 West Trade Street

Charlotte, NC 28202

RSVP by July 23, 2014 to events@bhlus.com

RSVP is transferable to your Finance/SAP expert

Great News for H-1B Applicants!

On July 7, 2014, U.S. Department of State announced that H-1B beneficiaries with an October 1, 2014 start of employment date may start filing their Visa applications now.

As you may already know, the H-1B program is used to employ qualified foreign workers that possess necessary professional skills and specialized knowledge. Some of the most prominent areas that often utilize       H-1Bs are biotech, science, engineering, and computer programming.

Because only 65000 H-1B visas are allowed per one fiscal year, employers must file H-1B petitions in a timely manner. As past practice shows, cap on H-1Bsb was reached on June 1^st, 2011 for FY 2012, on June 12^th, 2012 for FY 2013, and on April 5^th, 2013 for the fiscal year 2014.  

Thanks to the new procedural notes released by the Department of State, U.S. Consular posts are authorized to issue H-1B Visas 90 days in advance of the applicant’s start date of employment. In other words, starting from July 1^st, 2014 applicants whose employment starts on October 1^st, 2014 may file their visa applications to obtain H-1B visa stamp. However, applicants must remember that they can enter the U.S. only 10 days prior to the start of employment.

Our advice is to start filing visa applications early!

IS USCIS GETTING TOUGH ON EB-5s?

Recent statistics released by the US Citizenship & Immigration Services for the first two quarters of the fiscal year 2014 (from October 1, 2013 to March 2014) shows little hope for EB-5 applicants. Many EB-5 investors were denied their applications for Green Card.

Let’s compare fiscal year 2013 with 3,699 approved and 943 denied applications to the first two quarters of 2014, with 2882 approved petitions and 1068 denials.  The rate of denials increased by more than 50% from 1 in 4 applications denied in 2013 to 1 in 2.6 applications denied in 2014.

The prospects of approval of I-829 Petitions by Entrepreneurs to Remove Conditions (i.e., the extension of the temporary 2 year green card) appear to be even gloomier. To demonstrate this, for the entire year of 2013 rejection rate was at 5% level with 844 approvals and 44 denials. Unfortunately, these applications were five (5) times more likely to be denied in 2014: only 456 petitions were approved and 118 petitions were denied (4:1 or 25% denial rate).

This means that having invested between $500,000 and $1,000,000, relocated to the United States, likely having also made additional investment in real estate, etc., foreign entrepreneur, would still face a very real possibility of having to leave the US.  Unwinding EB-5 investment itself is also a significant hurdle in case of denial of I-829 Petition to Remove Conditions.

Due to the fact that the number of approved applications for EB-5 program has gone down dramatically, potential investors often ask: “What other options may be there for potential foreign investors? What is the best way to obtain a Green Card?” In my opinion, given the current regulatory environment and the way USCIS adjudicates EB-5 petitions, it is worth looking into EB-1 category for managers of foreign companies that are represented in the United States via a subsidiary or an affiliate.

Unlike Green Cards issued under the EB-5 program, Green Cards issued to managers or executives in the EB-1 category are permanent (no removal of conditions is required).  The EB-1 option may work for those who are being transferred to existing US entities, as well as for those who are coming to the United States to launch operations of a newly created subsidiary or an affiliate after the first year of operations is complete.  In the case of a new company, initial relocation is possible with L-1A non-immigrant visa. The requirements for L-1A visas are similar to many of the requirements for the EB-1 green card category.  As a temporary visa, L-1A allows time to start the operations of the newly created US entity, search for a suitable real estate options, and so on.