Green Card for Nurses

Green Card for Nurses

Overview of Requirements

A registered nurse who is coming to the United States to perform labor in covered health care occupations (other than as a physician) and wishes to apply for Immigrant Visa (Permanent Resident Status) is required to have the following: 

  • Credentials showing that the applicant is a Registered Nurse licensed to practice in his/her country; 
  • Certification from a U.S. commission that the nurse meets VisaScreen educational, licensure, and English language proficiency requirements or nurse licensure requirements of the U.S. state where the nurse will work; and
  • A job offer from a financially capable U.S health care facility willing to file an Immigrant Visa petition with USCIS on behalf of the nurse;

Qualifications Required of a Professional Nurse

A.        Licensed in the Country of Nursing Education

The nurse must meet the minimum requirement of nursing studies in his/her own country.  Universities in some countries offer a full, five-year Bachelor of Science degree for completing nursing programs, while other countries offer a Graduate nursing degree after two or three years of study.  In addition, other countries may offer a nursing course through a hospital study program that leads to a diploma.  There is no requirement of any specific degree.  The only requirement is that the nurse is licensed in the country where he/she has completed her nursing education.  Some nurses may prefer to complete the two-year course in the United States than a full degree program in their home country.

Information for Nurses from India

Nurses from India should consult the Indian Nursing Council for specific information:

http://www.indiannursingcouncil.org/index.asp

B.       U.S. Commission Approval or U.S. state licensure of nurse

An applicant must attain either a Commission on Graduates of Foreign Nursing Schools (CGFNS) certificate or a full and unrestricted license to practice professional nursing in the state of intended employment (NCLEX). 

The CGFNS' Certification Program is a three-part program comprised of a credentials review, a one-day Qualifying Exam of nursing knowledge, and an English language proficiency exam to obtain a CGFNS Certificate.  Upon successful completion of all three elements of the program, applicants are awarded a CGFNS Certificate.  Most states require CGFNS Certification from nurses educated abroad before they can take the NCLEX examination.

Before the immigrant visa or Adjustment of Status is granted, the VisaScreen certificate or certified statement must be obtained from the International Commission on Healthcare Professions (ICHP), which is a part of CGFNS.  

VisaScreen Certificate

U.S. immigration law requires that nurses complete a screening program.  VisaScreen is a screening program offered by International Commission on Healthcare Professions (ICHP - in association with CGFNS).  The VisaScreen program is comprised of an educational analysis, licensure validation, English language proficiency assessment, and, an exam of nursing knowledge.

VisaScreen enables healthcare professionals to meet this screening program requirement by verifying and evaluating their credentials to ensure compliance with the government's minimum eligibility standards.  The waiting period required for receipt of the VisaScreen certificate varies, but we suggest proceeding with an application as soon as the I-140 Petition has been filed with USCIS.  Applicants will need to present the certificate at the time of their final visa interview at the consulate.  Applicants who receive a VisaScreen Certificate can present it to a consular office, or in the case of Adjustment of Status, the Attorney General, as part of a visa application.

1)      Educational Review

The educational review ensures that the applicant's education meets all applicable, statutory, and regulatory requirements for the intended profession, and is comparable to that of a U.S. graduate seeking licensure.

In order to meet the educational requirements for the VisaScreen program, applicants must have:

a)  successfully completed a senior secondary school education that is separate from their professional education;
b)  graduated from a government-approved, professional healthcare program of at least two years in length; and
c)  successfully completed a minimum number of clock and/or credit hours in specific theoretical and clinical areas during their professional program.

2)      Licensure Review

The licensure review evaluates all current and past licenses.  Validations provided directly to ICHP by the issuing/validating institution, affirm that the applicant has completed all practice requirements and that the registration/licensure has no encumbrances.

3)      English Language Proficiency Assessment

The English language proficiency assessment confirms that the applicant has demonstrated the required competency in oral and written English by submitting passing scores on tests approved by the U.S. Department of Education and the U.S. Department of Health and Human Services (HHS).  HHS has specifically identified three appropriate testing services as contemplated by the statutory requirements: The three testing services are the Educational Testing Service (ETS), the Test of English in International Communication (TOEIC) Service International, and the International English Language Testing System (IELTS).

To fulfill this requirement, applicants must take either the Test of English as a Foreign Language (TOEFL) or the Test of Written English (TWE) and Test of Spoken English (TSE).  Registered nurses requiring a baccalaureate degree must obtain one of the following combinations of scores:

(a)    ETS: TOEFL: Paper-Based 540, Computer-Based 207; TWE: 4.0; TSE: 50;

(b)   TOEIC Service International: TOEIC: 725; plus TWE: 4.0 and TSE: 50; or

(c)    IELTS: 6.5 overall with a spoken band score of 7.0.

Certain applicants may be exempt from the English language proficiency requirement if they meet all of the following criteria:

a)      Country of professional education was Australia, Canada (except Quebec), Ireland, New Zealand, the United Kingdom or the United States (countries not specifically enumerated do not qualify for this exemption);

b)      Language of instruction was English; and

c)      Language of textbooks was English.

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.

Immigration Procedures for a Professional Nurse

Step I:  Applying to USCIS for an Immigrant Visa (Form I-140 with ETA 9089)

Labor Certification approval is not a necessary prerequisite for filing an Immigrant Visa Petition because U.S. Department of Labor (DOL) classifies “registered nurse” as a Schedule A occupation.  The first step of the immigration process is the filing and approval of an Immigrant Visa Petition (I-140) along with a duplicate ETA 9089 directly with the USCIS Service Center having jurisdiction over the place of employment.  Unlike the filing requirements of Labor Certification under other PERM provisions, an employer seeking a labor certification for a professional nurse is required to submit the applicable documentation when the employer files the application with the appropriate USCIS office.

Requirements for Filing ETA 9089

 The petitioner should complete and submit following documents:

  • A completed Form ETA-9089, in duplicate, signed in the original by an authorized official of the petitioning organization, the alien, and the representative, if any;
  • A Wage Determination issued by DOL for the proposed area where the job opportunity exists;
  • A signed copy of the job posting notice, which must have been posted for ten CONSECUTIVE BUSINESS days in a conspicuous place in the employer’s premises at the place of intended employment; and
  • Copies of any and all in-house media, whether electronic or print, in accordance with the normal procedures used for the recruitment of positions similar to the position specified in the Form 9089 in the employer's organization.

Requirements for Filing I-140

1. Petitioner must provide proof of ability to pay the wage (a letter from a financial officer of an employer with 100 or more employees, or copies of annual reports, federal tax returns, or audited financial statements if less than 100 employees). 

2Beneficiary (registered nurse) should have a full-unrestricted and permanent license to practice nursing in the state of intended employment, and CGFNS certificate issued by the Commission on Graduates of Foreign Nursing Schools, or evidence that the alien has passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN), administered by the National Council of State Boards of Nursing.

3.  The I-140 petition cannot be filed until 30 days have passed after the job posting notice is removed.  In other words, the notice must be posted between 30 and 180 days prior to filing the I-140 petition.

For more information about Form I-140, click here.

Step 2: Adjustment of Status OR Consular Processing 

If the applicant is already in the United States, then he/she can process his/her application through Adjustment of Status OR through Consular Processing (CP).  Both processes have their pros and cons.

For more information about the Adjustment of Status process, click here.  For more information about Consular Processing, click here.

Applicants have to go through CP if they are outside the United States.  This process involves a brief interview at the U.S. consulate in their home country, and is usually completed within six to nine months of the priority date (date when the I-140 petition is received at USCIS) becoming current as per the Visa Bulletin.  Note that the second step can be filed only if the cut-off dates (visa numbers availability) for the applicant’s (or applicant’s spouse’s) country of birth for the category under which the petition is filed are current or have reached the priority date of the applicant.  Most of these cases may qualify under employment third preference category.

You can review the current dates on our website through this Visa Bulletin link.  Review the dates in the Visa Bulletin under employment-based third preference category for the specific country where either the nurse or his/her spouse was born.  You can also read further about the concept of Priority Dates in the Visa Bulletin.  Feel free to contact us if any clarifications or further information are needed.

Profession/Occupation

Comments

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Netra Gurung (not verified) on Tue, 01/18/2022 - 01:06 Permalink

Hy I am currently on j2 visa . My spouse is on j1 visa doing residency in hospital. He subjected to either waiver job in usa or 2 year home residency requirements. Can i apply for greencard based on employment as I am currently working as a nurse through my employer.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Rajiv S. Khanna on Tue, 01/18/2022 - 06:17 Permalink In reply to by Netra Gurung (not verified)

Until a waiver is obtained by your husband, you will not be able to get a green card.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Rupal pancholi (not verified) on Sat, 03/12/2022 - 13:54 Permalink

Hi, I am currently on f2 visa and I have RN license of USA so ! Can I apply for green card on base of RN?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Rajiv S. Khanna on Mon, 03/14/2022 - 10:08 Permalink

Theoretically, yes. But discuss details with the lawyer selected or accepted by your employer.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Janet (not verified) on Sat, 05/28/2022 - 02:45 Permalink

If CGFNS certificate is done, adjustment of status, travel documents, etc have been filed, but the green card sponsoring hospital failed to have nurse sign a contract, what’s the obligation to work with the hospital? Can you work for them for a few months and leave to work for another hospital?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Rajiv S. Khanna on Sun, 06/19/2022 - 13:07 Permalink In reply to by Janet (not verified)

Immigration law should not stop you. See our FAQ about how soon can you leave after you get your green card. But you may want to consult with a local employment lawyer.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Alphonse (not verified) on Thu, 06/02/2022 - 11:07 Permalink

Hi, i am Registered Nurse currently working with an EAD (pending asylum case EAD). Can I adjust my status to a green card based on Green card for Nurses?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Jerina (not verified) on Wed, 08/17/2022 - 15:12 Permalink

Sir I am a MSc nurse and have 5years experience in Indian army. Is there any VIsa for Indian nurses without priority date. What are the present waiting period for nurses from India.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Haille (not verified) on Wed, 08/31/2022 - 01:16 Permalink

I am working as an RN on a TN Visa, what do I need to do to apply for a green card

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

For some of the green card categories like nurses, the process is much simpler, but you will be delayed like any other India-born EB-2/EB-3 applicant in obtaining your green card. Current times can be approximated from this link: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulleti…

 

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Anonymous (not verified) on Fri, 10/14/2022 - 13:34 Permalink

I am working as a Director of nursing on F1 status. What would be the better option H1b or EB3? How does EB3 work? If we expedite and get Eb3 I-140 and how long it takes to get EAD or work permit after that? Or does the EAD comes along with I-140 approval.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by jane (not verified) on Sun, 11/06/2022 - 09:41 Permalink

I came to the USA 4 years ago and am already out of status. I am a registered nurse and I passed NCLEX can I still apply

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Gabriela Estrarda (not verified) on Tue, 12/06/2022 - 19:51 Permalink

Hello, I am RN 2 with BSN from Canada, passed NCLEX, and have a visa screen from GCFNS and a California license and I do have SSN. I want to know if there is a chance for me to apply for a green card. Currently, I have been working under a TN visa in a level 1 trauma hospital for 6 months now and I also have 2 years of experience in Canada as a registered nurse.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Ara (not verified) on Sun, 12/18/2022 - 18:53 Permalink

Hi, I have completed the credential evaluation, NCLEX-RN and OET. Finally, I am in the process of getting Visa clearance certificate from CGFNS. So, If I apply for Employment based visa may I know the approximate time to get Green card.

Also, is this Employment based visa for nurses is different from H1B EB3? Please advise.

Disclaimer
This answer is for information purposes only and does not create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

The EB-3 green card time for nurses is no different than that for non-nursing applicants. Sanme time.

Disclaimer
The responses are provided without any guarantee of accuracy. A one-on-one consultation with competent counsel is recommended. Not intended to create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Sujata (not verified) on Wed, 04/05/2023 - 16:00 Permalink

I am in f2 and have passed NCLEX. I have sponsors that will apply EB3. My question is can I apply EAD after approval of I140 and start working without submitting IELTS score?

Disclaimer
The responses are provided without any guarantee of accuracy. A one-on-one consultation with competent counsel is recommended. Not intended to create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Rajiv S. Khanna on Sat, 04/08/2023 - 06:31 Permalink

I will need to know what is your country of birth.

Disclaimer
The responses are provided without any guarantee of accuracy. A one-on-one consultation with competent counsel is recommended. Not intended to create an attorney-client relationship.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Sachin (not verified) on Thu, 02/22/2024 - 14:31 Permalink

I am working as a RN and have valid RN License but currently my visa status is H4 EAD. I am an Indian citizen. What are my option to get a green card. Do i need to get VisaScan Certificate.

Please see if you can provide me some guidance on the process.

Disclaimer
The responses are provided without any guarantee of accuracy. A one-on-one consultation with competent counsel is recommended. Not intended to create an attorney-client relationship.

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