Monday, March 3, 2014


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?


  1. 1. How come it is easy for PTs to get H1b and nurses who have BSN are not even considered..?

    2. Schedule A visa for nurses does not seem to exist anymore. If there are shortages, is it wise to get those supply of nurses after 5-10 years of waiting? We were hired by a hospital in the US in 2009 and 2010. My friend who is now in Australia just terminated his contract and is happy to settle there. While two of us are here in England, and might qualify to PR in years time. Is the employment based immigrant visa still sensible and reflects reality nowadays? It seems not working anymore.. I could be wrong but it is happening!

  2. Hi Rud,

    1. Because the occupation of Phys Therapist requires a bachelors degree or greater in the US. But an RN, as an occupation, does not require a bachelors degree. More here:

  3. 2. I agree that the law and the policy behind the law are inconsistent and not working. Schedule A simply means that US employers do not have to prove that there is a shortage of nurse or PTs. The applicant still has to be put into the lengthy visa queues.

    Thanks for the comments.

  4. Do they have plans to lift retrogression or at least exclude the dependents from the annual quota? I think a merit-based system is more reasonable to have. The first in first out is just not making sense anymore!

  5. Hi! I am RN applied for green card in 2006.My PD is Sep 2006.In which category I am?Is it EB3? If the retrogression change,will my cases consider or not? I am in USA now.I applied for H1B.last April,one year they dragged with 2 RFEs, till now I didn't get the result,I heard from my attorney that unfortunately they may delay.I am associate degree with 11yrs experience with active RN licence,I am doing my BSN.Is there any way for me to get job.lot of hard works and struggles under gone.relpy me
    thank you

  6. @Rud - Any chance for retrogression relief has to come from Congress. My sense is that nothing will happen until the end of the year during the lame duck period (Nov/Dec 2014).

  7. @ Sanj - you are probably EB3. You can find the visa bulletin on this blog by clicking the Visa Bulletin link under Labels on the right hand side. The dates move depending on what country you were born.

    1. I AM FROM INDIA.My I-140 also approved,still my file is active in NVC.Please let USCIS members know,there are nurses in USA who applied for IMMIGRATION visa and with Active RN licence. So frustrated looking at certificates and sitting.Hope retrogression will lift and relieves every ones tears like mine.
      Thank you

    2. @Sanj - yes. We continually make this case to the politicians in Washington DC. I, personally, have been there 20+ times, as have many members of the AAIHR.

  8. Nurses with abandoned employers, please contact with the following details :

    Name, Email address, Priority Date.

    You will have a golden opportunity to join with a US recruiter who is a leading provider of staffing services to healthcare facilities throughout the United States. It currently has contracts with over 700 organizations to service more than 3,900 healthcare facilities in the U.S. including the Department of Veterans Affairs, HCA ( largest hospital network in the world ) , University of Miami Hospital and Tenet Healthcare



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