Trusted Immigration Help For H-1B Green Cards

Are you a foreign-born registered nurse looking for job opportunities in the United States? There might be an opening for health care providers to apply for a work visa. For the past year hospitals have been particularly short-staffed due to the pandemic and most recently the vaccination mandates. Because medical workers are leaving their jobs or getting terminated at higher rates, foreign nurses are one category of immigrants being offered to work on a temporary basis.

The U.S. government has composed a list of procedures to help essential workers like you apply for temporary visas and green cards. An immigration lawyer would advise you to review this article carefully, as the H-1C visa you might have heard of in past years is no longer available.

How Can a Nurse Get a U.S. Visa?

To obtain an H-1B visa, you’ll need a job offer from a U.S. employer from a hospital or medical facility. That ensures you’re granted an employment opportunity before they file an I-129 petition to sponsor your application. The U.S. Citizenship and Immigration Services (USCIS) will oversee your case and ultimately decide to approve or deny the employer’s request.

Nursing Is a Specialty Occupation

Sponsoring employers need to establish the nursing position is within a specialty occupation. The USCIS will use a four-part test to verify this. It goes as follows:

• Check to see whether a bachelor’s, master’s or doctorate is a minimum requirement for the position
• Determine if the degree requirement is customary to the industry or the job requires college-educated candidates
• Confirm whether the employer requires a degree or work experience for the role offered
• The duties are specific to the role, requiring knowledge from a skilled professional to get the job done

The immigration agency will pay close attention to the degree requirement. Most nurses obtain a Bachelor of Science in Nursing (BSN), as it allows them the flexibility to apply for a clinical nurse and nurse practitioner as well. If you find that it was not a requirement in your native country, that might hurt your chances of obtaining an H-1B visa.

In California, most employers do not require a bachelor’s degree to become a registered nurse. Though it might be more convenient, it could also pose a challenge for applicants as nursing is a specialty occupation. The hospital might require you to go through a certification process before getting started, regardless of how qualified you are for the job.

For more information about employment or sponsorship, employers should request a consultation with our employment visa lawyer. It’s the best chance of ensuring your application process goes smoothly.

Foreign Nurse Certifications

If you plan on coming to the U.S., you must prove that you are verified by the Commission on Graduates of Foreign Nursing Schools (CGFNS) to work in the medical field. They will issue a statement confirming:

• The nurse has a valid and unrestricted nursing license in the U.S.
• The nurse has a valid and authentic foreign nursing license
• The nurse passed the NCLEX exam requirement
• The nurse graduated from an English-language nursing program
• The medical program was in a country authorized by the U.S. for medical training
• The program has been in place since November 12, 1999

Sponsoring employers must include the CGFNS certificate with your visa or green card petition.

Can I Get a Green Card as A Nurse?

Thinking of living in the U.S. instead? Your employer might be willing to sponsor you for a green card. They must offer you a full-time job offer and complete the PERM labor certification process through the government to ensure that there are no Americans available to perform the work you’re applying for. Unlike other professions, it is straightforward and easier for nursing positions. Once you’ve lived here for at least five years, you’ll be able to apply for citizenship.

About Grey Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue stalling your citizenship, we are here to help.

COVID-19 has drastically impacted citizenship in the U.S. In the past year, we have adjusted and acted accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.