H Visa and Nurses.

Temporary workers:

Professionals, agricultural, seasonal or trainees H-1B visa (Speciality Occupation) The H-1B visa enables professionals in “specialty occupations” to make a valuable contribution to the American economy. A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended. This provides a maximum stay of six years. The H1-B visa holder can apply for a Green Card if a company wants to sponsor his/her application. The H-1B visa is available for individuals who are coming to the U.S. temporarily to work in a “specialty occupation” or as a fashion model. A “specialty occupation” is defined by law as an occupation requiring specialized knowledge normally acquired through obtaining a bachelor’s degree or its foreign equivalent. Generally, to obtain an H-1B visa, you need to have at least a bachelor’s degree or its foreign equivalent or education, training, and on-the-job experience that are equivalent to a bachelor’s degree. To get an H-1B visa, you need a specific job offer from a qualified employer in the U.S with H-1B status. Unlike most other temporary visas, you may apply for an H-1B visa even if you have plans or have taken preliminary steps to settle permanently in the U.S. When approval of H-1B petition is revoked on the basis of fraud or the willful misrepresentation of a material fact, one number shall be restored to H-1B cap in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the application was actually approved. If you plan to work for multiple employers, either full time or part time, each employer must file separate H-1B petition.

H-1C Visa (Working Nurses)

The H1C visa is for nurses who wish to work in health professional shortage areas. Only 500 H1C visas are granted annually. The visa is valid for three years and cannot be extended. In order to qualify for the H1C visa, the nurse must be licensed or have obtained a nursing degree in the US and pass the NCLEX-RN exam. Since the H1C visa is in such short supply, most nurses choose to skip the H1C visa and apply directly for the nurse green card. Spouses and children of H1C visa holders may enter and remain in the US in H4 status. H4 visa holders may attend school in the US but cannot accept employment. What are the requirements for obtaining an H1C Visa? To qualify for the H1C visa, a nurse must have a full and unrestricted license to practice professional nursing in the country where he/she obtained his/her nursing education, or have received nursing education in the US; have passed an appropriate examination (determined by the DHHS), or have a full and unrestricted license to practice as a registered nurse in the state of intended employment; and be fully qualified and eligible under the state laws and regulations of the state of intended employment to practice as a registered nurse immediately upon admission to the US.

H 2 Visa (Agriculture Visa)

The H-2 visa category is divided into 2 subcategories H-2A & H-2B. Both subcategories require your employer to show that your services are needed on a temporary basis. The H-2A visa allows you to come to the U.S. temporarily to perform agricultural-related work. To get an H-2A visa, you need a specific job offer from a qualified employer in the U.S. With H-2A status, you are allowed to remain in the U.S. for a maximum of 3 years, including any extensions. The H-2B visa allows you to come to the U.S. to perform temporary or seasonal work. The work may be either skilled or unskilled, but it must be temporary in nature. Unlike an H-1B visa that requires a college degree, an H-2B visa does not have such a requirement. Individuals in the entertainment industry or athletes coming to the U.S. who do not qualify for an O visa or a P visa may be eligible for an H-2B visa. To get an H-2B visa, you need a specific job offer from a qualified employer in the U.S. With H-2B status, you are allowed to remain in the U.S. for a maximum of 3 years, including any extensions.

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