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General Information :
Generally, the position of Registered Nurse would fall under the third preference category for employment-based immigrant visa petitions (EB-3). However, the Department of Labor (DOL) has determined that nursing care is an area of labor shortage in the United States. Consequently, Congress made an exception specifically for Registered Nurses, which greatly expedites the process of filing the Immigrant Visa petition for both the Nurse and his or her Employer.
The "short-cut" created by Congress provides that (1) the Employer does not need to file a labor certification (PERM) because the occupation is pre-certified (DOL has already determined that there are not enough US workers to fill the positions for Registered Nurses); and (2) 50,000 visa numbers were set aside specifically for Registered Nurses.
To date, visa numbers are still available for Registered Nurses. As a result, Registered Nurses in the United States may apply for adjustment of status at the same time the I-140 Immigrant Visa application is filed by the Employer. Registered Nurses outside the United States may apply using consular processing as soon as the I-140 is approved.
Eligibility Requirements:
The Department of Labor (DOL) maintains a schedule of occupations in its regulations for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in the DOL regulations at 20 C.F.R. §656.15 .
The position of Registered Nurses (RN) is included in Schedule A. A Licensed Practical Nurse (LPN) does not fall under this category.
A Registered Nurse must possess at least one of following documents:
· A full unrestricted permanent license to practice nursing in the state of intended employment. A temporary license is not sufficient.
· A Commission on Graduates of Foreign Nursing Schools (CGFNS) certificate, evidencing that the alien has passed the CGFNS nursing skills examination.
· Evidence of passing scores on the National Council Licensure Examination for Registered Nurses (NCLEX-RN), administered by the National Council of State Boards of Nursing.
In addition, a Registered Nurse must obtain a VisaScreen Certificate, evidencing that his or her education, license, and training:
1) meet the statutory and regulatory requirements for entry into the United States;
2) are comparable to that required for an American health-care worker;
3) are authentic, and in the case of a license, unencumbered.
Furthermore, the VisaScreen certificate serves as proof that the Registered Nurse's level of competence in oral and written English are appropriate to practice professional nursing in the U.S.
There is an exception to the VisaScreen certificate for nurses that meet the following requirements:
· they have completed their nursing education in English from certain designated countries, including the United States, Australia, New Zealand, Ireland, the United Kingdom and Canada (all provinces except Quebec);
· they have a valid, unencumbered license as a registered nurse in a state where they intend to be employed;
· they have passed the NCLEX examination.
Under this exception, the nurse must still complete the VisaScreen application and pay the required fee; however, the processing of their application will be completed in a shorter period of time (usually 35 days).
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H-1A: Professional Nurses
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