For admission into the United States in a specialty occupation, an individual must meet the academic and occupational requirements. While the requirements for classification as an H-1B include licensure, requirements for classification as an H-1B1 nonimmigrant professional do not include licensure. Licensure to practice a given profession in the United States is a post-entry requirement subject to enforcement by the appropriate state or other sub-federal authority.
Proof of licensure to practice in a given profession in the United States may be offered along with a job offer letter, or other documentation in support of an application for an H-1B1 visa. However, admission/classification should not be denied based solely on the fact that the applicant does not already hold a license to practice in the United States. Note: Aliens seeking classification as H-1B1 are subject to INA 212(a)(5)(C)Uncertified Foreign Health Care Workers.
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