USCIS memo, “Accepting and Adjucicating H-1B Petitions When a Required License is not Available Due to State Licensing Requirments Mandating Possession of a Valid Immigrant Document as Evidence of Employment Authorization,” HQ 70/6.2.8, D. Neufeld (March 21, 2008)
This USCIS memo authorizes initial H-1B petitions to be granted for 1 year if a State requires H-1B status before licensure. Extract:
"This AFM update instructs adjudicators to approve an H-1B petition for a one-year validity period if a State or local license to engage in the profession is required and the appropriate licensing authority will not grant such license to an alien absent evidence that the alien has been granted H-1B status. As a condition to approving such a petition, the alien must demonstrate that he or she has filed an application for such license in accordance with State or local rules and procedures. Further, prior to approving an H-1B petition under such circumstances, adjudicators should verify that that the alien beneficiary is fully qualified to receive the State or local license, meaning that all educational, training, experience, and other substantive requirements must be met at the time of filing the petition (where appropriate, the adjudicator may issue a request for evidence). It should be noted that the approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. Any petition that requests an extension of stay on behalf an alien who has been granted H-1B status under this provisional measure must show that the alien has obtained the requisite license. If the alien has not obtained the requisite license at the time the petition and extension are filed, such petition will be denied."