Nurses who have graduated 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 credentials review and English-language test.

Nurses can seek a working visa classification or employment-based permanent residence in a number of different ways.

Temporary Working Visas:

H-1B: Professional nurses may qualify under H-1B if the position is a “specialty occupation” and the nurse holds at least a four-year degree (or equivalent). The foreign nurses’ exam and applicable state licensure are still required.

USCIS has taken the position that most RN positions do not qualify for the H-1B because they normally do not require a U.S. bachelor’s or higher degree in nursing. However, USCIS recognizes that there may be some situations where a petitioner may be able to show that a nursing position does require a U.S. bachelor’s or higher degree and thus will qualify as a specialty occupation.

TN: Canadian and Mexican nurses may enter the U.S. under the TN category for temporary employment. Previously known as NAFTA, the U.S.-Mexico-Canada Free Trade Agreement (USMCA) allows for the admission of Canadian citizens who are coming to engage in certain professional business activities with a U.S. employer. The applicant for admission must have a prearranged job offer from that employer, as evidenced by a letter on company letterhead formally extending the job offer and outlining the attendant duties. The period of authorized stay is 2 to 3 years, and the applicant may apply at the border in minutes.

Note that applicants under this section still do need to satisfy all the certification and English language proficiency requirements outlined above.

Schedule A Labor Certification. The occupation of Registered Nurse are “pre-certified,” meaning the Department of Labor has already determined that there are not enough American workers who are able, qualified, willing or available to fill all the positions for professional nurses. This pre-certification only applies to registered nurses and not to LPNs, Nurse Assistants or nursing aides. “Professional Nurses” includes a course of study that results in a diploma, certificate, baccalaureate degree or associate degree.

Professional nurses will still need a petitioner and a job offer. The employer simply obtains a Prevailing Wage Determination for the geographic area where the nurse will work (to ensure the offered wage does not undercut U.S. workers) and posting a notice of filing at the work location for ten days. Then the employer files the I-140 petition along with evidence of the PWD, the posting notice with dates of posting, education, experience or licensure as required, and proof of the employer/petitioner’s ability to pay the wage in the PWD.

Nurses have a wide array of methods to immigrate to the U.S. At Mentor Law Firm, we are committed to assisting our clients in identifying the best and most expedient method for their immigration goals. To find out more about how we can help you with your immigration situation, call and make an appointment for a telephone consultation today.