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QUESTIONS

1. What do you suggest as an acceptable evidence to show the "nature of the position is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a Bachelor's degree or higher (or its equivalent)?
2. Should I get an expert opinion from a RN/Professor? Who else can you suggest can provide this opinion? Of course, this is only an alternative to the guideline for the employers to meet the "Specialty Occupation" requirement. Do I even need to provide this?

ANSWERS

1. If the position requires a Bachelor's degree and if the nurse has the degree and the specialization to fill the position then she may qualify. The USCIS will request proof that the position requires a BSN degree and that all other nurses in that section have the BSN. They may require proof as far back as 5 years to prove that the requirement was not just recently put in place to accomodate the nurse. USCIS may ask proof of what the job requirements were for the past 5 years and if each nurse had those requirements. If you can prove this up front, it would be better than waiting for an RFE.
2. Yes, get as much proof/expert opinions from Nursing Professors, top hospital administrators, etc. You must really supplement as much as possible the requirement of the degree and the specialization training/experience.

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