Sunset Date for Filing Petition for H-1A Nonimmigrant

The sunset for the filing of petitions for H-1A nonimmigrant classification for registered nurses is September 1, 1995. After September 1, 1995, Service officers may accept H-1B petitions filed in behalf of registered nurses. See Note 11 to section 101(a)(15)(H) of the Act. After September 1, 1995, Service officers may also accept applications from H-1A registered nurses for change of status to H-1B nonimmigrant classification. In addition, Service officers may also accept applications for extension of stay filed by H-1A registered nurses, provided such nurses have not reached the six-year maximum period of authorized admission set forth in section 214(g)(4) of the Act.

An H-1B nonimmigrant petition filed in behalf of a registered nurse may be approved only if all current statutory and regulatory requirements, including those regarding the filing of a labor condition application under section 212(n) of the Act, and licensure, for the H-1B classification are met. In this regard, Service officers should pay close attention to the statutory definition of a "specialty occupation" found in section 214(i) of the Act both with respect to the minimum educational requirement for the position and for the alien beneficiary.

Service offices should apply 8 CFR ' 214.2(h)(4)(v)(E) in determining the initial approval period for an H-1B petition in behalf of a registered nurse. The maximum period of authorized admission for registered nurses in H-1B nonimmigrant classification in six years. See section 214(g)(4) of the Act. This six-year period shall include time spent in H-1A classification.

For further information, please contact John W. Brown, Adjudication Officer, Headquarters, Adjudications, at 202/514-3240.

Michael L. Aytes
Acting Assistant Commissioner
Adjudications

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