If you are an immigrant who is currently in the process of becoming a registered nurse or already a registered nurse, you are eligible for the EB3 visa under the category of professional or skilled workers under the Department of Labor regulations.
The immigrant visa is normally the only option for nurses because most of the non-immigrant visa classifications are not available to the typical registered nurse seeking employment in the United States. Presently, shortages exist in the U.S. healthcare industry and if you are a nurse or other health care professional, you may be able to offer your skills and be part of America’s solution and receive a green card for yourself and your family.
Are You Qualified for EB3 Registered Nurse Green Card
You must have a nursing degree;
You must be a registered nurse. A licensed practical nurse does not count.
Registered nurse must possess:
A full unrestricted permanent (not temporary) license to practice nursing in the state of intended employment;
A CGFNS certificate issued by the Commission on Graduates of Foreign Nursing Schools
Evidence that the foreign national nurse has passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN), administered by the National Council of State Boards of Nursing
You have a job offer
A petitioner who is willing to provide green card sponsorship
Every qualified worker must have a petitioner who can submit an I-140 petition to the government and demonstrate an ability to pay that worker once they arrive in the U.S.
What is Schedule A Occupation
Physical therapists who possess all the qualifications necessary to take the physical therapist licensing examination in the state in which they propose to practice physical therapy; and
Professional nurses are licensed and meet certain educational qualifications;
Individuals of exceptional ability in the sciences and arts, including certain college and university teachers with “Science or art” defined as any field of knowledge for which colleges and universities offer courses toward a degree.
Process of EB3 Registered Nurse Green Card
Since a registered nurse is on the list of Schedule A Listed Occupations, therefore the process is slightly different from normal EB3 application.
Applying for a Prevailing Wage Determination from the Labor Department;
No LCA: The Department of Labor (DOL) maintains a schedule of occupations in its regulations for which the individual permanent labor certification procedure is not required.
Providing notice to employees of that the employer intends to file a petition seeking to hire a non-U.S. worker into a Schedule A qualifying position; and
I-140 Petition. The employer files an I-140 Alien Worker Petition with the USCIS. The purpose of this petition is to verify that the foreign worker has the minimum requirements to fill the open position, and serves to classify the foreign person as eligible for a particular visa category.
I-485 Application. If the registered nurse is legally present in the U.S., he or she may instead apply for permanent resident status via a process called adjustment of status. If the registered nurse is outside of the U.S., he or she can apply for an immigrant visa in the U.S. Consulate. A nurse in the US can simultaneously apply for the I-140 and for adjustment of status.
Benefits of EB3
With an EB3 green card, the foreign workers can go to the U.S, live in the U.S. permanently and work without having to obtain an Employment Authorization Document (EAD). After a few years at the same job, they can also switch employers and job positions. You and your immediate family (spouse and unmarried kids under 21) are eligible to get the Green Card along with the primary applicant. They are also allowed to travel within and outside the U.S, as well as live in a different state in the U.S than the one they first moved to.
The purpose of all published blogs is only to update information and spread immigration news. All information published on this website does not constitute attorney-client relationship or any legal opinion.
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