SECOND USCIS MEMO ON LICENSING H-1B VISAS

USCIS has issued a memorandum attempting to clarify the standards for adjudicating H-1B petitions for individuals seeking employment in health care specialty occupations. The memo focuses on the licensing requirements for the H-1B category. USCIS previously addressed this issue in a March 2008 Memo.

Unlike the TN visa category, which does not require possession of a license prior to entry, the H-1B visa regulations generally require the beneficiary to have the requisite license prior to the approval of an H-1B petition and entry to the U.S. 8 C.F.R. § 214.2 (h) (4) (v).