GREEN CARDS:
There is a significant shortage of Registered Nurses and Physical Therapists in the United States.  This shortage makes Registered Nurses and Physical Therapists uniquely classified as Schedule A occupations (Labor Shortage occupations) and entitled to a somewhat more simplified process for obtaining a green card. Registered Nurses are precertified as of January, 1, 1981, if they have either passed the CGNFS examination or hold a full and unrestricted license to practice nursing in the state of intended employment.  Therefore, nurses do not need an approved labor certification application.  However, relevant labor certification forms need to be filed directly with the United States Citizenship and Immigration Services (USCIS) office.  Although this procedure makes an approved labor certification unnecessary, the nurse cannot attain immigrant status (a green card) until a visa number becomes available, based on the priority date obtained upon the filing of the petition and supporting documentation. 

As part of this procedure, in order to obtain a green card, the nurse must also comply with the requirements of the Visa Screen certificate.  These include:

(1) passing the Test of English as a Foreign Language (TOEFL);

(2) an equivalency evaluation of the individual's nursing credentials to verify that they are comparable to those of a comparable American health care worker;

(3) licensure in the state of intended employment;

AND

(4) successful completion of the National Council Licensure Examination (NCLEX).

If a registered nurse is lawfully in the USA (usually on an F-1 Student Visa) and visas are available for Schedule A occupations, then the nurse can concurrently file the I-140 Petition, I-485 Adjustment Application, and I-765 Employment Authorization Application with USCIS.  If a registered nurse is outside of the USA, then the I-140 will be submitted to USCIS and, upon the approval of the I-140 and the availability of Schedule A visas, the nurse will obtain an interview with the U.S.  Consulate in his or her home country after submitting an Immigrant Visa application with supporting documentation.

H-1B VISAS FOR NURSES 

Nurse managers and some advanced practice nurses may be eligible for H-1B status if their profession requires more than a baccalaureate degree.  Most registered nurses are not otherwise eligible for such status because states permit licensure of registered nurses with less than a baccalaureate degree.  In order for a registered nurse to qualify for H-1B status, the employer must demonstrate:

(1)  that a bachelors degree or higher is the standard minimum requirement for entry into that specialty;

(2)  that the degree required for the particular position is commonly required for similar positions within the petitioners industry;

(3)  that the employer normally requires the same degree of equivalent for the position;

AND

(4)  that the specific duties of the position are so specialized and complex that the knowledge that is required for the performance of the functions is usually associated with the completion of a bachelor's degree.

H-1C VISAS for NURSES

The H-1C visa was created by the Nursing Relief for Disadvantage Areas Act of 1999.  Only 500 visas are available in this category each year.  Visas are available for a period of three years, with no extensions possible.

TN VISAS FOR CANADIAN AND MEXICAN NURSES

Registered nurses who are Canadian or Mexican citizens may qualify for TN status in accordance with the North American Free Trade Agreement (NAFTA).  In order to qualify for such status, the nurse must hold a state or provincial license or a Licenciatura Degree.