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Nurses, Physicians, Physical Therapist and Health Care Workers

Registered Nurses

TEMPORARY WORK VISAS

There is currently no specific nurse visa available in the United States. However, there are two ways that foreign individuals wishing to work as registered nurses in the United States can apply:

• YH-1B Work Visa for Skilled Workers
• TN NAFTA Work Visa (only available to Canadian and Mexican citizens)

H-1B Visa Eligibility Requirements:

In order for the petitioning employer to hire a foreign RN (registered nurse), the registered nurse must qualify for a specialty occupation. Although general RNs will not typically be eligible for H-1B Visa status, certain specialized nursing occupations are likely to require a bachelor's or higher degree as the minimum requirement for entry into that specialized field. Consequently, those positions have a great chance of satisfying the H-1B Visa requirements. Other requirements may be a state license to practice the occupation, completion of degree, experience and expertise.

TN Visa Eligibility Requirements:

Registered nurses are also on the list of approved NAFTA professions. Note that a TN Visa is only available to citizens of Canada or Mexico, while the H-1B Visa classification is open for other nationals.

PERMANENT RESIDENCE

Employers may sponsor a registered nurse for permanent residence. This will allow the nurse to live in the United States and work. Because the U.S. has a shortage of nurses, the process to obtain permanent residence is easier and shorter than for many other professions. To begin the process, a hospital or other employer files an immigrant petition with the U.S. Citizenship and Immigration Service (USCIS). The petition must be accompanied by documents showing that the nurse has the following:

• a diploma from a nursing school;
• a foreign RN license;
• a full and unrestricted U.S. nursing license in the state of intended employment or a Commission on Graduates of Foreign Nursing Schools (CGFNS) certificate and passage of the NCLEX exam. Information about this exam is available at www.ncsbn.org.

Nurses Who Reside Outside the United States

If the nurse resides outside the U.S. at the time her immigrant petition is approved, and her priority number is current, the nurse must apply for her immigrant visa at a U.S. Consulate abroad. The nurse or her attorney will complete a packet of forms sent to her from the National Visa Center (NVC). In addition she will provide documents to show that she qualifies for permanent residence.

Spouses and minor children will be allowed to immigrate to the U.S. with the nurse.

The nurse will also need to show that she has received the CGFNS VisaScreen certificate. The nurse applies to CGFNS directly for this certificate visa screen. To receive the certification, the nurse must show that she speaks, reads and writes English by taking an appropriate exam such as TOEFL. If the nurse was educated in the U.S., Australia, Canada (except Quebec), Ireland, New Zealand or the United Kingdom, she does not need to take these exams and may apply for a CGFNS certificate. You may obtain more information about the VisaScreen certificate at www.cgfns.org.

It will take a few months for the U.S. Consulate to process the application for an immigrant visa. The Consulate will schedule the nurse for a personal interview. In the interview, the nurse should show that she meets all the requirements of permanent residence, and that she intends to work for the employer that sponsored her.

Nurses Who Reside in the United States

If the nurse resides in the U.S., she may file an application for adjustment of status at the same time that her employer files the Immigrant Petition. This may allow the nurse to start working earlier than if she resides abroad. The nurse must have the same documents as the nurse who resides outside the U.S.

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