Nonimmigrant Visas for Nurses

Representing Foreign Nurses in Fairfax, VA, Ohio, and Beyond

Foreign nationals who wish to work in the United States as registered nurses have several options. One option provides a way to obtain permanent residence. However, most options for a foreign national hoping to work as a registered nurse are for temporary residence.

The Law Firm of Shihab & Associates can assess your situation and help you determine the right avenue to pursue. Our immigration attorneys in Columbus serve clients globally with additional locations in Fairfax, VA, Cleveland, OH, Southfield, MI, and Washington. We are eager to assist health care professionals like you. 

Call us at (888) 915-5057 or contact us online to speak with a non-immigrant visa lawyer for foreign nurses. We have offices in Columbus Ohio, Cleveland Ohio, Southfield Michigan, Fairfax, VA, and Washington, D.C.

How To Obtain Permanent Residence As A Foreign Nurse

To obtain an immigrant visa, a Schedule A Labor Certification is necessary. Since a registered nursing is considered by the Department of Labor to be an area of chronic shortage of workers, foreign nationals who have passed the Commission on Graduates of Foreign Nursing Schools Examination (CGFNSE) or have an unrestricted license to practice nursing in the state in which they intend to work are eligible to seek a Schedule A labor certification.

The Schedule A is beneficial because the nursing position essentially becomes pre-certified in the sense that no application needs to be filed with the Department of Labor. Rather, the application for alien labor certification (Form ETA-9089) and the Immigrant Petition for Alien Worker (Form I-140) can be filed at the same time with the United States Citizenship and Immigration Service (USCIS).

Nonimmigrant Visas Available To Foreign Nurses

There are serval types of temporary or nonimmigrant visas available to foreign nationals who wish to work as registered nurses. This includes the TN visa, the H-1B visa, and the E-3 visa.

TN Visas

Since the TN visa classification was created by the North American Free Trade Agreement, the visas are only available to Canadian and Mexican citizens. The foreign national must have a bachelor’s degree or necessary credentialing along with enough experience to show that he or she is a professional. Although there are slight differences between the process that Canadian and Mexican nurses go through, some things are required of nurses coming from both countries. For example, the nurse must have a letter from his or her prospective employer that states the job offer, his or her diploma, and all licenses and professional memberships. Another letter is also needed, explaining the professional type of job, the proposed length of stay, the nurse’s educational credentials, evidence that he or she has the essential state license, and how he or she will be compensated.

• Canadian nurses are able to show this material at a port of entry without prior approval by the USCIS. Canadians will then be given permission to enter the United States for one year. Extension applications can be filed and there is also no limit on the amount of time a person may stay in the United States on this type of visa. 
• Mexican nurses go through a different process. He or she must submit a labor condition application to the Department of Labor and they must also submit an application for a TN visa with the USCIS. Unlike the unlimited number of TN visas issued to Canadian nurses, there is a 5,500 annual limit for Mexican citizens.

H-1B Visas

The H-1B is another available option for foreign nurses even though the USCIS takes a restricted stance on those who will qualify. This visa classification is more challenging to obtain because H-1B visas require a bachelor’s degree as the minimum qualification for entering the field. As such, the USCIS takes the position that a bachelor’s degree is not required to be a registered nurse.

Nevertheless, nurses can obtain H-1B visas in some cases. For example, if a nurse will be working in a supervisory role or an area where highly specialized skill is essential, an H-1B might be available. Also, if the facility can show that it requires all of its nurses to have a bachelor’s degree, acquiring the H-1B visa will be less challenging.

• Related: TN Visa vs. H-1B Visa