The USCISissued a Memorandum in July 2014 aimed at clarifying their position on the adjudicationof H-1Bs for Registered Nurses. The Memorandumfailed at this aim. While it acknowledgedthat more and more employers are requiring Bachelor Degreed Registered Nurses, itfailed to give any helpful guidance to USCIS officers.
Now AILA hasweighed in on the discussion. Incontrast to the USCIS, AILA makes several important points. Notably, AILA points out that the OccupationalOutlook Handbook, “does not foreclose, but in fact lends credibility to theclaim that an employer has such a requirement.” This is true because the OOH recognizes the evolving nature of theposition.
AILA also makesanother clever factual argument.
the O*Net database provides that 66% of employer respondentsrequire an associate’s degree, while 23% require a minimum of a bachelor’sdegree as an entry level credential for a registered nurse position. Therefore,23% of employers should be able to demonstrate to the satisfaction of USCISthat a nurse is a specialty occupation.
Adding to the problem,it appears that the link to the USCIS’ July Memorandum has disappeared. Fortunately, we have preserved acopy on our DocStoc page.