Frequently Asked Questions - Nurses

Registered Nurse
I am a Registered Nurse. My employer filled an I-140 in January 2010 for me which was approved. My priority date is now current. Right now, I had to get a new employer because my former employer has decided not to continue the sponsorship because of economic issues. What are the steps my new employer has to go through to sponsor me for the green card.

1. Get an H-1 transfer.

VisaScreen
I am Indian citizen, did Nursing accelerated bachelor from accredited university (4yrs course finished in 2 yrs)in USA, RN licensed for NY/NJ/VA compact states ,for H1 and Green card. Do I need visa screen certificate?

"Yes. Although your professional education was completed in the United States, the purpose of the VisaScreen®: Visa Credentials Assessment is to provide a screening program which meets all federal requirements for international health care professionals seeking an occupational visa in the United States, irrespective of where the professional education was completed. However, there is a streamlined process for foreign-born health care professionals educated in the United States." From CGFNS.

RN F-1 visa
I have just received my BSN and I'm currently awaiting certification from California. Will actively look for job once certification is approved. Have F-1 visa and just received OPT for a year. Can I qualify for "green card for nurses" after OPT period is over if already in country and having matriculated in the US? Any other recourse for permanency?

You will have several years of wait in the green card process.

Green Card for RN
I am an RN with a TN visa from Canada. My wife who is an American Indian born in Canada will soon be sponsoring me. Will the fact that I have a visa speed up the process?

It will not speed things up, but filing for Adjustment of Status (which is available only to folks who are already in USA), makes it possible to continue to stay in USA while the green card process is in the works.

I got my BSN in the US
I got my BSN in the US, passed NCLEX and got my employment authorization. I am currently on F1 visa, and working at a nursing home. I live in MN and it was extremely hard to get a job. How do I apply for a green card and what role will my employer play in this process? Is it going to cost my employer any money? And how long is it going to take to get a green card?

Your employer's role in this process is limited. You can pay for all expenses yourself. The length of the process is determined by the country of birth.

My wife filed for Skilled Worker
My wife filed for Skilled worker (EB-3(A)(i)). Can I apply for NIV to visit her?

There is nothing in law that stops you from getting an NIV. But grant of visas like B-1/B-2 is completely discretionary.

E3 visa for LPN
I already have a USA LPN license, was just wondering if its possible to get E3 visa to work in USA, I am an Australian citizen. What are the requirements?

As far as I remember, most nurses jobs do not qualify for H-1/E-3 type visas because a US Bachelor's degree is not required for the jobs. If you can find a job where a Bach. degree is the minimum requirement, you can be eligible for E3 or H-1B.

US RN Graduate foreign national
I am here on an H1B and completed my BSC Nursing as well as obtained my state licence. What is the best way to proceed to get a job/visa in the USA.

Start with Optional Practical Training.

Visa Retrogression - Nurses
How can a F1 student after graduation apply for greencard at this time? Isn't there a retrogression problem at present? Are there any hospitals that are currently sponsoring foreign nurses? Secondly what other options are there for a recent nurse graduate (who is a foreigner) to get employment in the US?

An F-1 student could apply, but will not get the green card right away. I cannot provide a list of hospitals that we work with. That would be a breach of confidentiality in my view. Nurses typically use H-1B, H-1C, H-2B and TN visas.

LPN applying for green card
I am on F1 visa studying Pre - nursing classes. I am planning to do LPN, based on it can apply for H1 or green card? ? Is there any possibility for LPN to apply for greencard or only Registered nurses can apply for H1 or Greencard?

 LPN's can apply for green card, but only RN's get the the benefit of schedule A green card without labor certification. See this page also: http://www.cgfns.org/sections/programs/vs/

I am an International student, with F-1 visa
I want to know if I can take the Green Card in my future. I am studing in Nursing courses right now, but can i take green card if I finish my Bachelor's degree? Please send me a response.

That is how most students get their employment-based green cards. Once you become an RN, under the current law, it should be relatively easy to apply for your green card. There may be other options as well.

Administrative Review - EB3
I just had my interview with my family for an EB 3 application. Everything went well until the consul asked my years of working experience as a nurse. I only had a total of 21 months of working experience. Then she right away told me, "Oh I'm sorry, but your application is under EB 3 skilled worker since you are a nurse and you need to have 24months for you to qualify, I will have to send you to the releasing to give you further instruction." But having read all of these PERM law and provisions, why did the consul said that my case is for administrative review? Can somebody clear this up for me?

EB-3, whether for nurses or any other worker, requires either 2 years of experience OR a bachelor's degree.

English Language Exemption for VisaScreen for Nurses
I have an inquiry about the section that says: Additionally, applicants graduating from an entry-level program accredited by the National League for Nursing Accreditation Commission (NLNAC) or the Commission on Collegiate Nursing Education (CCNE) are exempt from the English language proficiency-testing requirement. If this is true then the program I graduated from is CCNE accredited. Is this included in the USCIS law if yes so that I check with the CGFNS how to proceed because in the visa screen section they don't mention being graduate of an accredited school as an exempt?

For VisaScreen --

Applicants educated in specific countries where English is both the native language and the language of classroom and textbook instruction (see below) are exempt from having to take an English language proficiency examination. For you to be exempt, you must meet BOTH of the following criteria:

1. your country of entry-level education was in United Kingdom (England, Wales, Northern Ireland and Scotland), Australia, Canada (except for Quebec), New Zealand, Ireland or the United States, and

Processing Times Involved in NIW
If I may verify the processing times involved in NIW. Since it falls under EB2 category, I am assuming it may be a long time before I can get my EAD card and be able to change employers. Also, I want to confirm if there could be issues if I change employers during the process - If so, I'd prefer to change my current employer before starting with it.

You can change employers any time if you are a self-applicant and will continue to work in your stated area of national interest.  But NIW priority date will take the same time as a normal EB-2 application does.  See: 

Can An Associate Degree Qualify For RN Based H-1?
Can I qualify for RN based H-1 if I have only an Associate degree in nursing?

The simple answer is, no, unless you also have 6 years of professional experience. Also note, not all RN's can qualify for an H-1.

EB-2 eligibility
I have Bachelor of science in nursing with 10 years of progressive experience (8 yrs in my home country then more than 2 yrs here in USA), do I qualify for EB2? What are the chances to get approved? If the company will file for concurrent filing of I-140 and I-485; will they give me working permit or EAD within 60 days though I-140 under EB2 category is still pending?

If your job requires BS + 5 years experience and you meet the requirements, EB2 is a possibility. Assuming you are born in a country for which the EB2 priority dates are current, you should get an EAD while the 140 and AOS are still pending.