USCIS memo, “Requirements for H-1B Beneficiaries Seeking to Practice in a Health Care Occupation,” B. Velarde (May 20, 2009)
This USCIS memo summarizes USCIS policy adjudicating H-1B petitions in the context of State licensure requirements. Extract:
"Furthermore, the petitioner will need to provide evidence that the beneficiary:
Assuming a petition is approvable under the above standards, the validity period should be one year. 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. It is merely a means to facilitate the state or local licensing authority’s issuance of such a license to the alien, provided all other requirements are satisfied.
- Has filed an application for a license in accordance with state or local rules and procedures; and
- Cannot obtain a full unrestricted license in the state in which he/she will practice due to the requirement for possession of a social security card, valid immigration document, and/or physical presence in the United States in the form of a letter from the State Board.
If the petitioner later requests an extension of stay on behalf of the beneficiary, the petitioner must demonstrate that the beneficiary has been granted a valid unrestricted license to practice the health care occupation in the state in which he/she will be working. If the beneficiary does not have the valid unrestricted license at the time the extension of stay petition is filed, the petition will be denied."