H-1B Visa Success Story: NICU Nurse’s Approval After RFE

Background

Priya’s immigration journey began with her selection in the 2025 H-1B visa lottery. Holding a bachelor’s degree and an internationally recognized nursing license, she dreamed of bringing her specialized healthcare skills to the U.S. medical system. However, obtaining an H-1B visa for nurses presents unique challenges. Under U.S. immigration law, standard registered nurse roles often do not qualify as “specialty occupations.” To succeed, her case needed to demonstrate that the position required advanced, highly specialized knowledge beyond what’s typical for general nursing.

With U.S. hospitals increasingly lowering educational requirements for nursing positions, establishing that Priya’s role met the H-1B specialty occupation standard required a strong, evidence-based strategy. Her future position as a Neonatal Intensive Care Unit (NICU) nurse became the foundation for this argument.

The Case

Priya’s employer — a respected U.S. healthcare staffing agency — offered her a position in the NICU, a unit that demands critical care expertise for newborns with life-threatening conditions. Her professional duties included:

  • Delivering direct patient care to critically ill infants
  • Identifying and managing complex nursing needs
  • Performing procedures such as IV insertions, wound care, suctioning, and post-mortem care
  • Acting as a senior nurse when required
  • Supporting and educating families about neonatal conditions and care

These responsibilities clearly reflected a highly technical role requiring advanced clinical training consistent with her bachelor’s-level education. Yet, due to USCIS’s heightened scrutiny of H-1B nursing petitions, a meticulously prepared case was essential.

Our Strategic Approach

At Green Card Link, its immigration attorneys crafted a persuasive case demonstrating that Priya’s NICU role qualified as a specialty occupation. Key evidence included:

  • Employment Agreement: Clearly outlining advanced clinical duties and specialized responsibilities.
  • Job Market Evidence: Industry postings showing that leading hospitals require bachelor’s degrees for similar NICU positions.
  • Academic Evaluation: Professional assessment confirming that Priya’s nursing degree was equivalent to a U.S. bachelor’s degree in nursing.

In our response, immigration attorneys at Green Card Link demonstrated that NICU nurses face a national shortage and that the role’s specialized nature requires intensive clinical judgment, advanced procedural skills, and ongoing neonatal training. The documentation established that Priya’s position was fundamentally distinct from general nursing roles.

The Challenge: Request for Evidence (RFE)

USCIS later issued an RFE (Request for Evidence) questioning whether the NICU nursing position met the specialty occupation criteria. Since many hospitals accept nurses with associate degrees, our legal team needed to prove that NICU nursing demands more advanced education and expertise.

In our response, immigration attorneys at Green Card Link demonstrated that NICU nurses face a national shortage and that the role’s specialized nature requires intensive clinical judgment, advanced procedural skills, and ongoing neonatal training. The documentation established that Priya’s position was fundamentally distinct from general nursing roles.

The Outcome

Within one week of submitting the RFE response, USCIS approved Priya’s H-1B visa petition. This approval not only validated the strength of her case but also underscored the growing national need for skilled nurses in specialized healthcare settings.

Today, Priya proudly serves on a NICU team in the United States, providing life-saving care to vulnerable infants and fulfilling her professional aspirations.

How Green Card Link Can Help

If you are a nurse or healthcare professional seeking to work in the United States, our experienced immigration attorneys at Green Card Link can help you navigate the H-1B visa process. Whether you’re facing an RFE, uncertain about specialty occupation eligibility, or need guidance on petition preparation, we’re here to support you every step of the way.

Your dream of contributing to the U.S. healthcare system can become a reality — just like Priya’s. Contact Green Card Link today to schedule your consultation and begin your H-1B visa journey with confidence.

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About Us

Greencardlink.com (also known as Aria Immigration Law Group) is committed to representing clients worldwide who are seeking I-140 immigration petitions.

Our firm has a proven successful track record with employment-based immigration cases, concentrating on EB-1B (Outstanding Professor/Researcher), EB-1A (Extraordinary Ability Alien), EB2-NIW (National Interest Waiver), and EB-1C (Multinational Executive/Manager).

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