Home
Our Firm
News
Visas
Permanent Residence
Global Visas
I-9 Services
Seminars & Trainings
General Information
Contact Us
 
Green Card / Permanent Residency

Immigration Options for Professional Nurses

 

In light of the recognized shortage of professional nurses, the U.S. government has made the immigration process easier for registered nurses than most other professions. Classified as "Schedule A" professionals, registered nurses (and physical therapists) benefit from an expedited path toward lawful permanent residence and bypass the rigorous supervised recruitment normally required for labor certification.

To qualify, the foreign-born nurse has to possess a diploma in nursing and an unrestricted and unencumbered nursing license from the nurse's home country (if the nurse was educated outside the United States). In addition, to be eligible for immigrant sponsorship by a U.S. healthcare institution, nurses from foreign countries must meet one of two licensing/certification requirements: possession of license in the state of intended employment in the U.S. or successful completion of the Commission on Graduates of Foreign Nursing Schools (CGFNS) certification program.

In general, state nursing boards generally require passage of the National Council Licensure Examination (NCLEX-RN) exam, a frequently scheduled examination offered exclusively in the United States (and U.S. territories such as Guam). Licensure requirements differ from state to state, and it is important to contact the state licensing authority for guidelines. Contact information for the state Boards of Nursing is available at the website of the National Council of State Boards of Nursing (www.ncsbn.org). If the only bar to obtaining the final license is a social security number requirement, the immigration petition can usually still move forward.

In the alternative to directly pursing state licensure, the nurse can complete the CGFNS certification program. The CGFNS certification program consists of three parts: a review of foreign nursing credentials; the CGFNS qualifying exam (offered in all 50 states and worldwide); and an English language proficiency component. CGFNS accepts qualifying results from three standard English language proficiency examinations, known as TOEFL, TOEIC and IELTS. These exams are respectively administered by the Educational Testing Service (ETS), The Chauncey Group, and a consortium of the Cambridge ESOL Examinations, the British Council and IDP Education Australia. The Michigan English Language Assessment Battery (MELAB) exam is no longer offered for the purpose of CGFNS certification. Native-English speaking applicants who received their nursing education in Australia, Canada (except Quebec), Ireland, New Zealand or the United Kingdom may be exempt from the English language proficiency requirement. Full details of the CGFNS certification program can be found on their website.

The processing of the nurse immigrant visa application takes place in one of two ways, either Adjustment of Status or Consular Post Processing. For those candidates already lawfully present in the United States in an appropriate nonimmigrant visa status, an Adjustment of Status application for the nurse and family members may be filed simultaneously with the immigrant petition. The nurse may be authorized to accept employment with the healthcare institution immediately upon approval of the employment authorization component of the Adjustment of Status track, generally 3-4 months after filing (assuming state licensure issues are resolved). In order to be eligible for the Adjustment of Status track, the individual must have been lawfully admitted to the United States in a nonimmigrant classification that does not require nonimmigrant intent. Furthermore, the I-140 immigrant petition must have been filed before the expiration of the period of authorized U.S. stay, and the individual must not have been employed without authorization

If the nurse is resident outside the United States, or is otherwise ineligible for Adjustment of Status, then the immigrant petition will designate Consular Post Processing (CPP) at a U.S. consulate abroad. Upon approval of the immigrant petition, the Bureau of Citizenship and Immigration Services (USCIS) will generally notify the U.S. State Department's National Visa Center, who will then contact the nurse candidate by mail, providing instructions on how to apply for an immigrant visa at a U.S. Consulate. After submitting the immigrant visa application to the U.S. Consulate, the nurse awaits the immigrant visa interview at the U.S. Consulate.

After the immigration petition is filed, but before obtaining permanent residency approval (under either track), the nurse must obtain a VisaScreen Certificate. The VisaScreen Certificate is a based on criteria very similar to the CGFNS Certificate described above, and is composed of three parts: a credentials review; successful completion of either the CGFNS qualifying exam or NCLEX-RN examination; and English proficiency examination passage. Exemptions from the English language proficiency requirement are also available under the same criteria outlined above. The VisaScreen Certificate program is administered by the International Commission on Healthcare Professions (ICHP), a division of the Commission on Graduates of Foreign Nursing Schools (CGFNS).

Other Nursing Articles & information

Deadline for Screening of Certain Foreign Healthcare Workers Extended, Decision Benefits Many Mexican and Canadian Healthcare Professionals

Frequently Asked Questions on the Extension of Deadline for Presentation of Visa Screen Certificate by Certain Canadian and Mexican TN Health Professionals July 2004

Visa Revalidations by Mail Program Ending in July 2004

USCIS Adopts New Photograph Requirement

Nursing Shortage Hinders Compliance with California's New Safe Staffing Law

New Delays in Processing I-140 Immigrant Petitions

California's New Safe Staffing Law Has Impacted Hospital Services Throughout the State

CIS Service Centers Now Report a Separate Category for Registered Nurse I-140 Petition Processing Times

VisaScreen: Certification for Foreign Healthcare Workers

California BRN Licensing Manager and Kaplan Nursing Director Speak at Berry, Appleman & Leiden Healthcare Seminar in Sacramento

Beginning January 1, 2005, the NCLEX Exam will be Offered in London, Seoul and Hong Kong

Filing Fees for U.S. Immigration Petitions Increase

CGFNS Holding Informational Sessions Across the Country About New Visa Certificate Requirements for Healthcare Workers

California Hospitals Express Disappointment Over Court Ruling on Nurse-to-Patient Staffing


Immigrant Visa Procedure for Foreign Nurses

Case Initiation

  • Healthcare institution and candidate forward to Berry, Appleman & Leiden (BAL) information necessary to begin the case.
  • Information and documents are reviewed and organized by attorneys, whereupon BAL performs legal analysis to determine whether the foreign nurse has obtained the state licensure or CGFNS certificate

Immigrant Petition (I-140) Preparation

  • BAL prepares final documents for company.
  • Healthcare institution reviews, signs, and returns final documents to BAL.
  • BAL performs a final check of all documents, forms, and letters.

Filing of Immigrant Petition with USCIS (Bureau of Citizenship and Immigration Services)

  • BAL files immigrant petition Form I-140 petition with the appropriate regional USCIS Service Center. Either the Adjustment of Status Track or the Consular Post Processing Track is identified (see below)
  • BAL advises on VisaScreen Certificate requirement. These VisaScreen Certificate need not be satisfied at the I-140 stage, however must be obtained prior to obtaining final residency approval.
  • USCIS approves the I-140 immigrant petition.
  • BAL notifies healthcare institution and nurse candidate of approval.

Adjustment of Status Track and Interim Employment Authorization

  • Only available if candidate is lawfully present in the U.S. in an appropriate nonimmigrant visa status.
  • BAL prepares and files the Adjustment of Status application for the candidate, spouse and children (if applicable).
  • BAL also files Employment Authorization Document (EAD) request(s) (Form I-765) for candidate and dependents (if applicable).
  • Candidate may be authorized to accept interim employment upon approval of the EAD, generally 3-4 months, assuming no state licensure issues.
  • Nurse provides VisaScreen certificate to BAL to forward to USCIS for final case approval.
  • Adjustment of Status to U.S. lawful permanent resident status is approved and green cards issued.

Consular Post Processing Track

  • Upon approval of I-140 Immigrant Petition, the USCIS forwards case file to the National Visa Center (NVC) to complete processing.
  • NVC completes processing and forwards to U.S. Consular Post to schedule interview.
  • BAL assists with NVC and Consular Post processing requirements, including applications for spouse and children, if applicable.
  • VisaScreen Certificate must be submitted at the time of Consular Post interview.
  • After approval at interview, candidate and dependents are issued immigrant visas.
  • Candidate and family enter the U.S. in lawful permanent resident status and are processed for green cards.

Final Employment Authorization

  • Candidate completes I-9 and starts work with healthcare institution.

Home : Our Firm : News : Visas : Permanent Residence : Global Visas : Seminars and Trainings
Processing Times
: Visa Bulletin : Links : General Information : Contact Us : Site Map

Copyright © 2008 Berry, Appleman & Leiden LLP.
All rights reserved.