Nurses and Healthcare Workers

Green card – Registered Nurses

The US Department of Labor has identified certain occupations as Schedule A shortage occupations where there is a lack of qualified US workers. For these occupations, there is a blanket labor certification process where noncitizens can be employed without adversely affecting US workers’ wages and working conditions. Registered nurses and physical therapists are considered Schedule A shortage occupations by the US Department of Labor, which means that they are in high demand and there are not enough people to fill these positions. This also means that it is easier for RNs and physical therapists to immigrate to the United States compared to individuals in other occupations as employers do not have to go through a lengthy and costly PERM process.

Prerequisites before migrating to the United States

• Bachelor of Science in Nursing
• Have a license to work as RN
• Pass National Council Licensing Examination (NCLEX) . The NCLEX-RN is a computer adaptive test that nursing graduates must pass in order to become licensed as Registered Nurses in the US and Canada. It is a requirement for anyone wishing to become a Registered Nurse in these countries.
• May need to pass the Commission on Graduates of Foreign Nursing Schools (CGFN) examination.
• Pass an English Examination. See the International English Language Testing Service (IELTS) or Test of English as a Foreign Language (TOEFL)
• Obtain a Visascreen certificate. Please note that Health care workers who received their degrees in the United States, Canada (except for Quebec Province), Australia, New Zealand, Ireland, and the United Kingdom are exempt from having to take English Exams for VisaScreen.

Temporary Visas

• H-1B Visa for Skilled Workers

In order to work in the United States, the foreign national must qualify for a specialty occupation. Generally speaking, Registered Nurses would not qualify for an H-1B1 visa, however, there are some specialized occupations that require Nurses with a bachelor’s or higher degree (such as APRN) and as a result, this would satisfy the requirements for the H-1B visa. Other requirements may be a state license to practice the occupation, completion of a degree, experience, and expertise. Healthcare workers such as medical technologists, occupational therapists, pharmacists, physical therapists, speech language pathologists and audiologists are eligible for temporary H-1B visas. There is an annual limit of 85,000 H-1B visa petitions that can be approved for cap-subject employers. As the number of petitions submitted exceeds this limit, the USCIS randomly selects which H-1B applicants  will receive H-1B status through the lottery system.

• TN NAFTA Work Visa

A Registered Nurse is also an approved NAFTA profession. The TN NAFTA Work Visa is only available to citizens of Canada or Mexico. Please see here for more information on NAFTA TN Visa.

How can we help…..

If you are a Nurse with at least a bachelor’s degree in an employment position that requires such specialized skills and you want to explore your immigration possibilities, please call the Law offices of Trupti N Patel & Associates – Immigration Lawyer Boston at (617) 367 6750.

Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108
(617) 367-6750