The US Department of Homeland Security (DHS) recently sent a memo to the Directors of the US Citizenship & Immigration Services (USCIS) four (4) Service Centers clarifying the requirements for H-1B visa petitions where the applicant is seeking employment in a health care specialty occupation.

The clarification applies to H-1B visa applicants who have either an unrestricted or a restricted license to practice in a health care specialty occupation for example, physicians and nurses in the state of intended employment.

If the applicant has an unrestricted license and meets all of the other requirements for an H-1B visa, then the USCIS will rely on the legitimacy of the license since it would have been issued by a state licensing board or agency, and approve the application for the validity of the petition, usually three (3) years.

However, if the applicant has a restricted or temporary license, then the USCIS will approve the application  for only a period of one (1) year or for the duration of the license, whichever is longer.