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How to bring RN’s into the U.S.

Posted on April 2, 2013 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Ways to bring RN’s into the U.S.

Question: I am a Registered Nurse and I don’t know how to come into the U.S. Can you help?

Answer: Primarily, the best way to come into the United States as a Registered Nurse is through the normal I-140 Schedule A process. This is whereby an RN submits everything necessary to eventually obtain residency.

Question: How long does it take?

Answer: It is now taking years for the visa number to become current. It is unfortunate, but it is taking much longer than in prior years. Professional nurses and physical therapists who are in the United States and eligible to file for adjustment of status are able to file their I-485 and ancillary applications concurrently with the I-140 immigrant visa petition as long as their priority date is current. The priority date for a professional nurse or a physical therapist is established when a complete I-140 immigrant visa petition is received by the USCIS service center. Unfortunately, professional nurses in jobs that require only two years of nursing training fall under the third preference category for Skilled Workers. This three– to seven-year visa retrogression has exacerbated the immediate need for qualified registered nurses nationwide.

Question: Can a Registered Nurse come into the United States on an H-1B?

Answer: Most foreign nurses do not qualify for an H-1B visa unless they are certified advanced practice registered nurses (APRN) or upper-level nurse managers

Question: Are there other types of temporary visas that Registered Nurses can come into the United States?

Answer: The Treaty NAFTA (TN) visa remains an option for Canadian and Mexican citizens. Many people have immigrated previously to Canada to become nurses and still want to come to the United States. After they become a Canadian Citizen, they can certainly take advantage of the TN Visa.

Question: What is needed in the I-140 application for an RN to apply for residency?

Answer: (1) Form I-140 Immigrant Petition for Alien Worker, along with evidence that the petitioning employer has the financial ability to pay the salary offered; (2) PERM Labor Certification Application Form ETA 9089 in duplicate; (3) Prevailing wage determination; (4) Posting notice; (5) Proof that the alien applicant possesses all the qualifications necessary to take the licensing examination; and (6) Degree, diploma and transcript.

Question: What is the Visa Screen?

Answer: The VisaScreen certificate verifies that the foreign health care worker’s education, training, licensing, experience, and English competency are comparable to American health care workers. VisaScreen Certificates must be presented at the I-485 stage for applicants in the United States or at the consular interview for candidates who immigrant visa process at a U.S. consular post abroad.

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Coming from the Philippines as an Registered Nurse 

Posted on February 28, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Coming from the Philippines as an Registered Nurse 

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The Social Security Dilemma of Nurses

Posted on December 28, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am a nurse and have just passed the NCLEX. I have a hospital who is more than willing to sponsor me. However, I have a big problem. In order to apply for the Green Card through the Nurse Petition, I need to have my unrestricted State License. Under normal circumstances people can get their license as soon as they pass the NCLEX. However, I cannot get my license without a social security number. I cannot get a social security number without a work permit. So, I am stuck. I am so close to getting the Green Card, yet not able to continue. Is there anything I can do?

ANSWER: Yes there is. This has been a considerable problem. It is a very unfortunate problem in that there is a severe shortage of nurses in the United States. Because of that shortage one would think that the INS regulations would not put up so many hurdles to bringing nurses into the country. The INS has finally seen this dilemma and now has created a solution.

Unfortunately the NCLEX is only offered inside the U.S., and therefore, it is necessary for many nurses who come here on visitor visas to take the NCLEX while in the U.S. However, while on a visitor visa, the nurse does not qualify for the social security number.

The irony of this is that these people would have to go back to their home country to take the CGFNS, wait outside the U.S. for over one year, and then come back in the country as a lawful permanent resident. The CGFNS does not mean that the nurse is licensed to practice nursing in the United States. Rather, it states that a nurse is likely to pass the NCLEX when she/he arrives in the United States. Once inside the U.S., then the nurse must take the NCLEX. Here is the irony. A person who has passed the NCLEX already, but cannot get the social security card had to go back to their home country to take the CGFNS in order to show that it was likely that they would pass the NCLEX.

Sometimes it is silly laws like this that prompt action to be taken. Now, the Immigration and Naturalization Service will accept a nurse petition upon presentation of a certified copy of a letter from the state of intended employment which confirms that the alien has passed the NCLEX examination and is eligible to be issued a license to practice nursing in that state.

QUESTION: Now that I know that I can submit the application for the Nurse Petition with proof of passing the NCLEX, when can I adjust my status to that of a lawful permanent resident?

ANSWER: Now, because you are immediately eligible to file the nurse petition, otherwise known as the I-140, you are also eligible to file for the adjustment of status simultaneously. This means that you can file both the I-140 nurse petition and the I-485 adjustment of status petition at the same time. You will get your temporary work permit in about 90 days and then be able to legally work while awaiting final approval on both the I-140 and the I-485 adjustment.

 QUESTION: Will I be able to leave the United States while I am awaiting the results of the I-140 and the I-485?

ANSWER: Yes. You can apply for what is known as Advance Parole. This will allow you to leave the United States while the petition is pending and to return without a problem.

This new regulation is most welcome. Hopefully, the INS will see other types of problems in the future and amend the regulations to ease the problems in applying for the visas.

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New Regulations for Health Care Workers

Posted on December 9, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am a registered Nurse in the Philippines and I have passed the CGFNS. I have heard that there are new regulations for health care workers. Is that true?

Answer: Yes, new regulations were just implemented. These new regulations apply to temporary health care workers as well as the health care workers applying for lawful permanent residency. The new rules become effective September 23, 2003.

There are several new regulations for firms to be able to apply to be able to submit the necessary application to issue the certificates needed for these health care professionals.

Question: Do these new regulations apply to every type of health care professional?

Answer: No. They do not apply to Physicians and non-clinical positions such as researches or administrative positions. Also, people coming into the U.S. on training related visas do not need the certificate. The types of medical fields covered are Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses; Occupational Therapists; Physical Therapists; Speech Language Pathologists and Audiologists; Medical Technologists; Physician Assistants and Medical Technicians.

Question: When does the certificate have to be presented and who issues this certificate?

Answer: For the nonimmigrant, he or she will have to show the certificate to the embassy or consulate and to the Department of Homeland Security each and every time they enter the United States. The Commission on Graduates of Foreign Nurses (CGFNS) can issue the certificate for nurses, physical therapists, occupational therapists, speech language pathologists and audiologists, medical technicians and physician assistants.

Question: What does one have to do to get this certificate?

Answer: The person must show that his/her education, training, license, and experience are comparable with that required for an American health care worker of the same type; That the education, training, license, and experience are authentic and, in the case of a license, unencumbered; That the education, training, license, and experience meet all applicable statutory and regulatory requirements for admission into the United States. Also, you must either pass an examination showing it is likely you will pass the actual licensing examination in the U.S., or you must pass the actual licensing examination itself.

Finally, you must show that you have passed the English language requirements.

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