In order to qualify for H1B status, one must have a job offer from a U.S. employer offering a salary commensurate with the prevailing wage rate for persons in that occupation and geographic location. One must also possess the minimum of a university baccalaureate degree (which should be considered equivalent to a degree from an accredited university in the U.S.) in the specialty occupation.

There is a limited number of H1Bs that can be issued each fiscal year (Oct 1-Sep 30), usually in three-year increments, with a maximum duration of six years. The six-year clock can be paused if the person departs the U.S. for one year. A few examples of positions considered professional in this category are: accountants, computer programmers, dietitians, graphic designers, journalists, researchers, and scientists.

Not all nurses will qualify for an H1B visa. The reason is that many registered nursing positions do not require a Bachelor's degree. BCIS will generally approve an H1B petition if: the nurse works in a supervisory capacity; the state where the nurse will work requires a Bachelor's degree in nursing to obtain a license; the nurse is an Advanced Practice Registered Nurse or otherwise has additional, specialized training or experience required for the position; or the Petitioner can successfully show why a four-year degree is necessary for the particular nursing position.

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A “CGFNS Certificate” is awarded after the successful completion of the CGFNS Certification Program. The Program is designed specifically for first-level, general nurses educated and licensed outside the United States who wish to assess their chances of passing the U.S. registered nurse licensing exam, the NCLEX-RN® examination, and attaining licensure to practice as registered nurses within the United States. The program is comprised of three parts: a credentials review of the nurse's education, registration and licensure; the CGFNS Qualifying Exam, a one-day qualifying exam testing nursing knowledge; and an English language proficiency exam. Nurses who do not hold a state licensure in their state of intended practice must have a CGFNS certificate in order to file an immigrant visa petition. Also, many state boards of nursing require the CGFNS Certificate for state licensure.

The “VisaScreen Certificate” by contrast is needed for consular processing or adjustment of status. The document must be presented to a consular office or, in the case of adjustment of status, the BCIS, as part of a visa application. The VisaScreen Certificate evidences that the holder has completed a required screening program for health care professionals (other than physicians) in order to qualify for certain occupational visas. Screening includes an assessment of the applicant's education to ensure it is comparable to a U.S. graduate in that same profession; verification that licenses are valid and unencumbered; English language proficiency; and, in the case of nurses, verification that the nurse has either earned a CGFNS Certificate or passed the NCLEX-RN® Examination.

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