NURSES

Nursing Positions as Specialty Occupations

In view of this policy, employers seeking to qualify a nursing position as a specialty occupation must establish that:

1. The position requires a bachelor’s degree or higher in a specialized field;

2. That the employer has hired only persons with professional credentials in the past (in the case of job contractors, it must be established that a bachelor’s degree is consistent with the prior hiring practices of the facilities in which the services will actually be performed);

3. The proposed position has developed over time to the point that it is now professional;

4. It is normal practice for other firms or organizations in the industry or activity to require a person with professional credentials; or

5. The position is so complex or unique that it requires the services of a professional

Employers have been able to qualify nursing positions as H-1B-caliber in some cases. For example, a team leader/nurse position qualified as a specialty occupation. The jobholder in this case was responsible for the overall administration of the nursing unit; duties included training, assigning and supervising professional and nonprofessional personnel assigned to the unit. Some direct patient care was also involved. It was ruled that the position was similar to that of a health service manager, which normally requires a baccalaureate or higher degree in a specialized and related area as well as clinical experience. The decision was relied on four letters submitted by the employer from chairpersons of academic nursing departments and professors of nursing who agreed that the position required an individual with bachelor’s degree in nursing.

For further information, send your query to Aparna Davé.