The U.S. Immigration law offers preference for certain types of immigrants by providing them with multiple (and sometimes immediate) options for obtaining temporary and permanent work visas in the United States (green card). And because the US is constantly in short supply of medical staff, one of the immigrant classes is largely focused on foreign nurses.

In order to encourage more foreign nurses to come to the country, the US government has, in time, introduced various procedures that can make it easier to work and live in this country. These are described below.

Work Temporarily As a Nurse In the USA.
If you are a foreign nurse and want to work in the U.S. temporarily (without obtaining a U.S. green card), you may be able to obtain an H-1B visa. H-1B is a popular temporary work visa for foreign nationals with a job from a U.S. employer, to work in a “specialty occupation”.

To obtain an H-1B visa for a foreign nurse, a U.S. employer, such as a hospital or medical clinic, will apply for I-129 with United States Citizenship and Immigration Services (USCIS). The agency determines whether or not to approve the employer’s H-1B status application.

Your prospective employer will have to show that your nursing position is in a special capacity. USCIS uses a four-dimensional test for this; the position must meet one of the four criteria:

– A bachelor’s or higher degree is required for the position.
– The requirement for a job is common in the industry or the job is so complex or unique that it can only be done by a qualified person.
– The employer usually requires a degree or equivalent for the job.
– The nature of certain tasks is so special and complex that the knowledge required to perform tasks is often associated with the attainment of a degree or higher degree.

Usually, USCIS focuses on the first prong and looks for a bachelor’s degree in nursing. This can make obtaining an H-1B visa as a nurse difficult, as most states do NOT require a bachelor’s degree in the standard nursing position. Instead, most states require a short certification process for this position. Be sure to ask your employer about the requirements for a registered nurse position in the province in which you hope to work.

Although it may be difficult to obtain a H-1B as a registered nurse, if your position is that of a clinical nurse or nurse practitioner, almost every province requires at least a bachelor’s degree in these positions. Therefore, you may have a better chance of getting an H-1B visa.

Also, make sure you get the state’s requirements for any nursing position a U.S. employer gives it to you. Your qualifications are less important than the qualifications required for a job, in the case of a job. For example, suppose you have a master’s degree in nursing, and a U.S. employer. offered you the position of registered nurse in California. California does not require a bachelor’s degree to become a registered nurse. Therefore, even if you have a masters degree, it is unlikely that USCIS will find this position suitable for a special occupation.

Green Card for foreign Nurses.
Your U.S. employer may also be willing to sponsor you with a green card. The employer must first give you the full-time position of nurse. Second, your employer must complete a process known as a “labour certification” on your behalf (often called a PERM). Now, you may have heard a lot about the PERM / labour certification process, and all of its advertising requirements, but this process is completely different (and easier) in nursing positions.

The position of nurse is classified as a “Schedule A” position. Schedule A positions are those that the US government has noticed that the US needs more staff to fill. Therefore, employers are not required to post advertisements for Schedule A positions (a standard PERM requirement), because the U.S. government already knows that there is a shortage of staff in these positions.

To apply for PERM as an external nurse, a US employer completes a standard ETA Form 9089, but submits the form, together with an application for I-140, to USCIS — and not to the Department of Labour, the ETA Form Review Agency. 9089s in all non-Schedule positions.

Once USCIS has approved the I-140 and the dates for the foreign nurse is now available (meaning the visa number is now available, if it has been imposed due to the annual allocation of such visas), the nurse can apply for a US Green Card by completingI-485, status request adjustment, via USCIS (for details, see How to Determine Your Date for Immigration Purposes).
Importantly, although the standard PERM advertising requirements do not apply to “Schedule A” Positions, the Posting Notification requirement does apply. Your U.S. employer must send a notice to the place of business giving notice of completion of the labour certification to other employees.

Certification to be Produced.
All foreign nurses, whether they come to the U.S. with an H-1B visa or green card, must prove to USCIS that they are “authorised” to work in the medical field in the United States. (This information is specific to nurses. Doctors and other medical staff must meet different needs).
To do this, the foreign nurse must be accredited by the Commission on Graduate of Foreign Nursing Schools (CGFNS). The nurse must submit all of her qualifications and educational details to the CGFNS. After reviewing this, CGFNS will issue a certified statement confirming:

1. The nurse has a legal and unrestricted licence in the U.S. where she will work and the state has confirmed that the external nurse’s licence is valid.
2.  Nurse passed NCLEX, which is a U.S. licence test. of nurses.
3. Nurse graduated from the Nursing Program in English.
4. The nurse program was in a country selected by the U.S. as acceptable medical training, and
5. The Nursing System came into effect on November 12, 1999 or earlier.

A CGFNS certificate must be included in all visa applications or green cards submitted in the name of a U.S. employer. If the employer forgets to apply, USCIS will likely request it before approving the application.

Immigrate with ICC today
As you can see, there are a number of subtle issues that need to be addressed through these processes, so most applicants or their employers will retain an immigration Consultant to facilitate the process. Hiring an Immigration Consultant means adding legal fees to your immigration case, but often, avoiding mistakes can save money and time down the road – and prevent visa denials and even removal from the U.S. We have a deep experience and will help you at each step with your work visa.