Registered Nurses

Applying for H-B

You must be working in a nursing position that qualifies as a “specialty occupation,” which is any occupation that typically has a minimum educational requirement of a four-year bachelor’s degree.For a job to be considered a specialty occupation under the H-1B visa program, it must meet at least. one of the following:

A bachelor’s or higher degree or its equivalent is normally the minimum requirement for entry into a particular position and the degree is. commonly required to the industry in parallel positions. among similar organizations.
The employer normally requires a degree for the position; or
The nature of the duties is so specialized and complex that the knowledge required to perform them is usually associated with the attainment of a bachelor’s degree or higher.

You must possess a nursing license in the U.S. state where you intend to work and you must obtain a Visa Screen healthcare worker certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS).

VisaScreen: https://www.cgfns.org/services/certification/visascreen-visa-credentials-assessment/
CGFNS: https://www.cgfns.org/

You must have an offer of employment from a U.S. employer for a qualifying nursing position. To become a registered nurse, it is required a nursing diploma from an accredited RN program, an associate’s degree in nursing, or a bachelor’s degree in nursing.

Aside from education, becoming an RN also requires the professional to take and pass the NationalCouncil Licensure Examination for Registered Nurses (NCLEX-RN). Once you have your bachelor’s degree in nursing, and pass the National Council licensure examination, you must get the nursing license in the state where you wish to practice. Holding at least a bachelor’s degree does not automatically make a nurse eligible for the H-1B visa. Since all three types of education level programs qualify for entry-level RN positions, what qualifies some nursing jobs for H-1B visas is the educational requirement.

Advanced Practice Registered Nurses

Advanced practice registered nurses are nurses who have met advanced educational and clinical practice requirements, and often provide services from primary and preventive care to mental health to birthing to anesthesia. APRNs hold at least a Master’s degree, in addition to the initial nursing education, which increases their eligibility for the H-1B visa. Some of the advanced practice occupations that will generally be H-1B equivalent if the position requires advanced practice certification:

Clinical Nurse Specialists
Certified Nurse Practitioner
Certified Registered Nurse Anesthetist; and
Certified Nurse Midwife.

Of course, this is not an exhaustive list. Nurse Managers: Nurse managers, also known as nurse administrators, are responsible for managing and overseeing the nursing staff in a healthcare facility. These are licensed registered nurses who, in addition to having advanced nursing degrees, are usually required to hold at minimum a graduate degree in nursing or healthcare administration, whereas most major healthcare institutions also require the completion of advanced degrees. Because they come with specialized responsibilities, such nursing positions for supervisory nurses or administration positions may be H-1B equivalent. Nurse specialty: Some nurses carry on more specialized tasks, that require a higher degree of knowledge and skill than a typical RN, with certification examinations available to register. nurses who are not advanced practice nurses, but who possess additional clinical experience. Examples of specialties are:

Occupational health nurses
Rehabilitation nurses
Critical care nurses
Operating room nurses
Oncology nurses
Addiction nurses
Emergency room nursing
Pediatric nurses
Nephrology nurses

A certified clinical nurse specialist must hold a bachelor’s degree and very often a master’s degree, which makes them eligible for the H-1B visa. Qualified H-1B nursing jobs: As mentioned, holding a bachelor’s or higher degree itself does not secure eligibility for the H-1B status. To qualify for an H1B visa, you must find a sponsoring employer, who will be responsible for your application and for paying all the legal fees for the H-1B visa.

The nature of the petitioner’s business; Industry practices;
A detailed description of the duties to be performed within the petitioner’s business;
Operations;
Advanced certification requirements;
ANCC Magnet Recognized status; https://www.nursingworld.org/organizational-programs/magnet/about-magnet/
Clinical experience requirements;
Training in the specialty requirements; and
Wage rate relative to others within the occupation.

The H-1B petition is approvable if the employer can demonstrate that the nursing position meets the general requirements for an H-1B visa, and by. demonstrating that the individual nurse meets the requirements.

GREEN CARD PROCESS

NURSES STEPS

EMPLOYERS STEPS

A registered nurse can get a green card to come to the US more easily than almost any other professional. Registered nurses are classified by the US Department of Labor as a Schedule A shortage occupation which makes it easier for RNs (and Physical Therapists) to immigrate to the United States than for persons in other occupations. Employers can sponsor registered nurses for green cards without having to undergo the lengthy and expensive PRERM process. A foreign-born RN must pass the NCLEX examination (and sometimes the CGFNS examination), pass the English examination, obtain a Visa Screen certificate, and be sponsored by a US employer in order to immigrate to the United States.
1. Obtain a college degree in nursing;
2. Get a license abroad as an RN;
3. Pass an English examination;
4. Pass the NCLEX examination;
5. Get a job offer from a U.S. employer;
6. Get an RN license in the state of intended employment;
7. Obtain a Visa Screen certificate;
8. Get the approval of an I-140 visa petition;
9. When her priority date is current, get an immigrant visa abroad or, if she is lawfully present in the United States, apply for adjustment of status; and
10. When the RN is interviewed for an immigrant visa (green card), her spouse and children will be interviewed and granted immigrant visas together with the RN.
Employer Steps:

Step One Employers need to start the green card process by requesting a Prevailing Wage Determination (PWD)from the DOL. This process currently takes between 5 and 6 months. We recommend filing for a PWD every 6 months so that there is always one that is valid. Where there is a Collective Bargaining Agreement (CBA), the DOL will defer to the wage provisions in the CBA instead of basing the PWD on the DOL’s Occupational Employment Statistics wage database.

Step Two Before an employer can file a petition for an RN with the USCIS, it must provide a notice of the position it is seeking to fill to the bargaining representative. If there is no such representative, then the employer must provide notice to its employees by posting a notice for 10 consecutive business days in a clearly visible location at the workplace.

Step Three The employer must file an immigrant visa petition (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS). Although it can take the USCIS many months to approve a petition, the employer can expedite the process by requesting “premium processing” and paying an extra $2,500 in government filing fees. Premium processing reduces the time that the visa petition will be acted on by the USCIS to 15 business days.

Step Four If the RN resides abroad, the USCIS will send the approved I-140 visa petition to the National Visa Center (NVC) of the U.S. State Department in New Hampshire. The NVC will request a list of documents from the RN (and the nurse’s spouse and children). Once the NVC receives these documents, and the nurse’s priority date (her place in line for a green card) is current, the RN will be scheduled for an immigrant visa interview at the U.S. Embassy or Consulate where she resides.

Step Five If the RN resides abroad, she will be interviewed at a U.S. Embassy or Consulate. She will be asked questions to make sure that she is eligible for a green card. For example, she will be required to submit a police background check and a medical exam. The officer will need to make sure that she is admissible to the U.S., is not a criminal, has not committed immigration fraud, and doesn’t have a substantial period of unlawful presence in the U.S. Once her immigrant visa application is approved, she must come to the U.S. within 180 days. At the airport, a Customs and Border Protection (CBP) officer will examine her documents and ask her questions. Once the CBP officer approves her application, she will be admitted to the U.S. as a lawful permanent resident or “green card” holder.