Nurses
We Handle all aspects of assisting registered nurses to
practice their profesion in the USA
PATHS FOR FOREIGN REGISTERED NURSES TO BECOME IMMIGRANTS
OR NON-IMMIGRANTS IN THE U.S.
The nursing crisis in the United States offers an opportunity
for foreign registered nurses to have a viable career in the
U.S. and a route to become immigrants in the U.S. or to have
a temporary grant of employment which may be thereafter converted
into permanent residence.
PERMANENT RESIDENCE FOR REGISTERED NURSES UNDER
THE 3rd PREFERENCE CATEGORY
Registered nurses are exempt from having to obtain a labor
certification, which puts them on a fast track for permanent
residence. This profession has been precertified by the Department
of Labor because there are not sufficient Americans who are
able, willing, qualified and available. A professional nurse
may have less than a baccalaureate degree in nursing as long
as the nurse has completed a program for professional nurses
in his/her country, Canada or the U.S.
Registered nurses as opposed to licensed nurses or practical
nurses qualify for the 3rd employment preference if they have
had at least 2 years of nursing studies after high school
or secondary school and have a nursing license issued by their
country and either a certificate from the Commission on Graduates
of Foreign Nursing Schools (CGFNS), or a full and unrestricted
license to practice professional nursing in the state intended
for employment
The CGFNS exam is given several times each year at more than
50 exam locations in the U.S. and worldwide. For information
about the CGFNS, the telephone number is 215-349-8767.
Before an immigrant visa or adjustment of status is granted,
the Visa Screen Certificate or a certified statement must
be obtained from the International Commission on Healthcare
Professions (ICHP), a part of the CGFNS.
THE VISA SCREEN CERTIFICATE OR THE CERTIFIED STATEMENT
Professional nurses must pass all 3 sections of the Test
of English as a Foreign Language
(TOEFL), or the Michigan English Language Assessment Battery
(MELAB), to prove English proficiency. An equivalency evaluation
of the nursing credentials such as transcripts of school records,
diplomas and licenses is made by ICHP. The Visa Screen Certificate
verifies that the applicant has the education, training, license
and experience equivalent to American registered nurses; that
the documents demonstrated are authentic and unencumbered,
and that the applicant is fluent in English and has an appropriate
professional license.
In lieu of the Visa Screen Certificate for nurses who completed
their nursing education in English that includes Australia,
Canada (except Quebec), South Africa, Ireland, New Zealand,
the United Kingdom and the U.S., a certified statement may
be issued by CGFNS. Starting on July 1, 2002, nurses from
Trinidad and Tobago have been granted provisional eligibility
for 15 months to apply for the certified statement in place
of the Visa Screen Certificate. For the certified statement
to be released, the prospective nurse must be licensed in
the state of intended employment and shall have passed the
National Council Licensure Examination (NCLEX). Each state
will establish that the prospective nurse has an authentic
and unencumbered foreign license. Within 35 days after receipt
of an application, CGFNS must issue the certified statement.
TEMPORARY LICENSE
A temporary license may be issued after the prospective nurse
enters the U.S. and registers to take the NCLEX test for permanent
licensing. After the nurse arrives in the U.S., and/or obtains
permanent residence, an application for NCLEX must be filed
immediately and the test must be taken within 30 days of registering.
In most states, the temporary permit is issued when the application
is filed. Some states do not have temporary licenses. Each
state must be checked for its particular licensing requirements.
Some states require all foreign nurses to pass the CGFNS;
other states require the NCLEX. In all cases, the nurse must
address the licensing requirements of the State of intended
employment, which usually encompasses passing the NCLEX exam.
SECOND PREFERENCES FOR PERMANENT RESIDENCE
In addition to the 3rd preference, if the nurse is an outstanding
professor or researcher, or a professional with an advanced
degree such as a Masters Degree or a baccalaureate with at
least 5 years of progressive employment in the field, a 2nd
preference may be obtained. Or if the prospective nurse can
demonstrate exceptional ability that will substantially benefit
prospectively the national economy, cultural or educational
interests or welfare of the U.S., a 2nd preference may be
also secured.
This second preference may be worth applying for, if applicable,
for nationals of countries such as China or India where the
3rd preference employment categorys priority date is not current.
As soon as the preference is approved for nationals of all
other countries, the 3rd preference approval will allow an
immediate application for permanent residence.
QUOTA PRIORITY
A priority date is set when the petition is filed with the
INS regional service center. In the event the employer is
changed, the priority date stays with the nurse. If the nurse
changes the employer and secures another employer, the original
priority date remains in place for the nurse.
NON-IMMIGRANT PROFESSIONAL NURSES
The H-1C is a limited visa, restricted nationally to only
500 applicants for nurses to work in hospitals where there
is a health professional shortage. The nurse must be a registered
nurse, fully qualified to practice immediately upon arrival
in the U.S., and have already passed the CGFNS. An employer
attestation is required that the hospital since 1994 has had
a health professional shortage, has no fewer than 190 licensed
acute care beds, at least 35% of its patients are entitled
to medicare, and at least 28% are entitled to medicaid. The
hospital must also attest that it is taking steps to recruit
U.S. citizens or permanent residents, that the nurse will
be paid the same rate as other nurses, and that the employment
of the prospective nurse will not adversely affect wages and
working conditions of nurses similarly employed.
If you would like additional information or if you wish to
consult with us or desire assistance, please call us at 212-944-9420
and ask for William Oltarsh or Jennifer Oltarsh, or send us
a fax at 212-944-9120, or e-mail us at info@oltarsh.com.
STUDENT NURSES
If a prospective nurse applies for a student visa, it should
be remembered that to obtain a student visa, the prospective
student must demonstrate to a U.S. Consul, or if in the U.S.,
then to the Immigration Service that he/she has a residence
in a foreign country which he/she has no intention of abandoning,
who is a bona fide student, intending to pursue a full course
of study, and who seeks to enter the U.S. temporarily to pursue
such a course in nursing at a university, or institute that
is accredited to the Immigration Service.
Schools are authorized by the Immigration Service to issue
Certificates of Eligibility (Form I-20). Form I-20AB (academic)
is used for F-1 students; Form I-20MN (vocational) is for
M-1 students. The I-20 certifies that the student has been
accepted to an accredited school. Evidence must be adduced
of financial ability to support oneself during the course
of study as well.
Students are admitted for the duration of status, that is
the period required to complete the program of study plus
any authorized period of post-completion practical training
plus a 60 day grace period for F-1 students. A period for
practical training is customarily granted for up to one year.
For the M-1 student, a grace period is allowed of only 30
days. The M-1 student is normally also granted a duration
of stay for the period needed to complete the course of study.
The M-1 student may be granted one month of training for
every four months, not to exceed six months in total. The
F-1 student, provided the course of study has lasted at least
one year, may obtain practical training for up to one year.
Since BCIS regulations are constantly changing prospective
students may wish to consult with a lawyer regarding their
long term goals. We would be glad to hear from you about any
questions you may have. Call us at 212-944-9420, or at our
e-mail: info@oltarsh.com.
If you want to make an appointment to consult with us, our
office address is: 1375 Broadway, New York, NY - at the intersection
of Broadway and 37th Street, NY, NY. Ask for William Oltarsh
or Jennifer Oltarsh.
Our assistance is only a phone call, or e-mail communication
away!
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