Wednesday, March 4, 2015

USCIS H-1 NURSE MEMO REISSUED: ANOTHER MISSED OPPORTUNITY

In July 2014, the USCIS published and released a Memorandum aimed at clarifying the USCIS’ position on the approvability of H-1B Registered Nurses.  The Memorandum updated the long-standing 2002 Johnny Williams USCIS Memorandum on the same subject.  The July 2014 Memorandum did not provide any substantive guidance beyond than the 2002 Williams Memorandum.   It paid lip service to the idea that USCIS officers should remember that, “there are some situations, however, where the petitioner may be able to show that a nursing position qualifies as a specialty occupation”.

Oddly, the July 2014 Memorandum disappeared from the USCIS’ website shortly after publication.  Some practitioners hoped that that USCIS had reconsidered the Memorandum and would issue a Memorandum that provided concrete instruction and examples.

Unfortunately, the USCIS has finally republished the Memorandum.  It is identical to the July 2014 Memorandum, except the date of the Memorandum is now February 18, 2015.

An article that MU Law posted in July 2014 includes a link to the July 2014 Memorandum and an analysis of the missed opportunity.  Rather than restate the arguments that we made in that article, we will just point you there.

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