Registered Nurses
Employers may sponsor a registered nurse for permanent residence. This will allow the nurse to live in the United States and work. Because the United States has a shortage of nurses, the process to obtain permanent residence is easier and shorter than for many other professions.
The following is intended to give you an overview of some of the immigration issues nurses seeking to work in the U.S. will encounter. Contact us to discuss your unique situation and your goals with a dedicated Colorado immigration lawyer committed to helping make the immigration process as easy as possible for clients throughout the U.S., and the world.
Employer’s Petition
To begin the process, a hospital or other employer files an Immigrant Petition with the U.S. Citizenship and Immigration Service (USCIS). The petition must be accompanied by documents showing that the nurse has the following:
- A diploma from a nursing school;
- A foreign RN license;
- and a full and unrestricted U.S. nursing license in the state where the nurse will be employed or a Commission on Graduates of Foreign Nursing Schools (CGFNS) certificate and passage of the NCLEX exam. Information about this exam is available at www.ncsbn.org.
Nurses who reside Outside the United States
If the nurse resides outside the U.S. at the time her Immigrant Petition is approved, and her priority number is current, the nurse must apply for her Immigrant Visa at a U.S. consulate abroad. The nurse or her attorney will complete a packet of forms sent to her from the National Visa Center (NVC). In addition she will provide documents to show that she qualifies for permanent residence.
Spouses and minor children will be allowed to immigrate to the U.S. with the nurse.
The nurse will also need to show that she has received the CGFNS VisaScreen certificate. The nurse applies to CGFNS directly for this certificate visa screen. To receive the certification, the nurse must show that she speaks, reads and writes English by taking an appropriate exam such as TOEFL. If the nurse was educated in the U.S., Australia, Canada (except Quebec), Ireland, New Zealand or the United Kingdom, she does not need to take these exams and may apply for a CGFNS certificate. You may obtain more information about the VisaScreen certificate at www.cgfns.org.
It will take a few months for the U.S. Consulate to process the application for an immigrant visa. The Consulate will schedule the nurse for a personal interview. In the interview, the nurse should show that she meets all the requirements of permanent residence, and that she intends to work for the employer that sponsored her.
Canadian and Mexican Nurses
Canadian and Mexican citizens may also qualify for TN visas as registered nurses. Employers sponsor the TN visas on the nurse’s behalf. These visas allow nurses to work and live in the United States temporarily. A TN visa is for a maximum of one year in length. The TN visa may be renewed. Now, TN nurses must have a CGFNS VisaScreen certificate.
Adjustment of Status
If the nurse resides in the U.S., she may file an application for permanent residence at the same time that her employer files the Immigrant Petition. This may allow the nurse to start working earlier than if she resides abroad. The nurse must have the same documents as the nurse who resides outside the U.S.
Please remember that the above information is general and is not complete. If you are considering applying for a visa, you should contact us so that we can discuss your particular situation. Through a personal consultation, we can identify the process which best suites your needs.
We represent clients from across the United States, including the Boulder and Denver area, as well as clients from around the world, including Argentina, Nepal, Canada, the European Union, Mexico, Philippines, Tibet, India, and China.
Contact Colorado nurse immigrant petition lawyer Lisa E. Battan to discuss your situation and your goals.
