To qualify for an H-1B, theposition must require and the employee must hold a bachelor’s degree orgreater. As a result, most nursingpositions do not qualify for H-1B as a BSN is not typically required for afloor nurse position. Nurses who are eligiblefor an H-1B include: a nurse educators, nurse managers, or specialty nurseswhere the position requires a higher level of education.
Earlier in the year, MU Lawreceived a denial in a case for a Nurse Educator position. The USCIS denied the petition, holding theposition did not require a bachelor’s degree or greater – a requirement forH-1B status.
After the denial, we appealed thecase to the Administrative Appeals Office (AAO), which is the body that reviewsappealed USCIS Service Center decisions. We believed and argued that the evidence shows that the preferredcredential for teaching in the academic setting is the doctoral degree. At a minimum, nurse educators at colleges anduniversities must hold a master’s degree in nursing and have additionaltraining in the science of teaching.
We have recently received word thatour appeal was successful. MU successfully argued that the position of NurseEducator requires a master’s or doctoral degree and so therefore not onlymeets, but exceeds, the H-1B requirements. The appeal was sustained and the H-1B is now approved.
A nursing shortage in United Statesis expected to continue in the comingyears, as the US economy continues to recover and older nurses beginretiring. This will only make the need for qualified nursing faculty morecritical and the H-1B a viable option for schools looking to hire nursing faculty.