Currently, the only effective option others than the TN-1 NAFTA option available to only Canadian and Mexican citizens, for Registered Nurses (RN), Physical Therapists (PT), and other allied health professionals to come to the U.S is through an H-1B non-immigrant petition sponsored by a U.S. employer. Title V, Section 502 of the REAL ID Act of 2005, enacted on May 11, 2005, allows employers to sponsor a RN and a PT through what is called a Schedule A (limited to 50,000 recaptured immigrant visas from 2001-2004). As of November 1, 2006, USCIS announced that only immigrant petitions, through Schedule A, by employers up to October 1, 2005 will be processed. All other I-140 petitions filed by employers will be put on hold until new legislation allows for more immigrant petitions. Additionally, H-1C visas are limited to twenty-five (25) H-1C non-immigrant visas for states with 9 million citizens or less, and fifty (50) H-1C for states with more than 9 million citizens as of June 1, 2005. Thus, the H-1B Visa is the only available option for employers to sponsor Registered Nurses, Physical Therapists, and other allied healthcare professionals from other countries.
H-1B Application for Registered Nurses
H-1B non-immigrant visas may be filed for professional nurses if:
The beneficiary nurse received a CGFNS Certificate; or,
The Nurse evaluated by a Credential Evaluation Service (CES), in some states only; or,
If the nurse received a full license from the state in which he/she intends to work.
Not all Registered Nurses can apply for an H-1B visa. On November 27, 2002, The Executive Associate Commissioner, Johnny N. Williams, issued a field-guidance to USCIS Adjudicating Officers and identified which nurses are allowed to be sponsored by a U.S. employer under H-1B.
Based on the November 27, 2002 field guidance, normal RN positions will not qualify for H-1B visas unless the State where the nurse seeks a license requires a bachelor's degree. In Texas, as in all other states except for North Dakota, only specialized nurses ("advanced practice occupations") are able to obtain an H-1B. The specialized nurses listed under the field guidance manual are as follow:
Clinical Nurse Specialists (CNS): Acute Care, Adult, Critical Care, Gerontological, Family, Hospice and Palliative Care, Neonatal, Pediatric, Psychiatric and Mental Health-Adult, Psychiatric and Mental Health-Child, and Women's Health;
Nurse Practitioner (NP): Acute Care, Adult, Family, Gerontological, Pediatric, Psychiatric & Mental Health, Neonatal, and Women's Health;
Certified Registered Nurse Anesthetist (CRNA); and
Certified Nurse-Midwife (CNM);
Additionally, nurses in administrative positions, upper-level "nurse managers" in hospital administration positions, are also qualified to receive an H-1B visa.
What are the requirements for "advanced practice occupation" nurses to apply for an H-1B?
Before a nurse can apply for an H-1B, he or she must have received a CGFNS certification, or be evaluated by a Credential Evaluation Service (in some states only), or be fully license in the State where they plan to practice. Licensure in the State is impracticable unless the candidate is already here in the U.S and is able to take the state licensing examination, such as an F-1 student or a B-1/B-2 Visitor.
CGFNS (the Commission on Graduates of Foreign Nursing Schools) is an internationally recognized authority on credentials evaluation and on the verification process pertaining to the education, registration and licensure of nurses and healthcare professionals worldwide. In many states, a foreign nurse must apply to CGFNS to get his or her credentials evaluated. In Texas, the applicants have the option of getting a CGFNS certification or being evaluated by any Credential Evaluation Service (CES) that belongs to the National Credential Evaluation Services, Inc. (an association of independent evaluation services). Following the basic requirements before one can apply for an H-1B as an advance practice occupation nurse;
Has a decree that is equivalent to a 4-years nursing degree in the U.S;
Passed all certifications in the petitioner's home country;
Passed a CGFNS certification or by CES;
Passed the NCLEX-RN (pronounced "N – CLEX"), a nursing examination by the National Council of State Boards of Nursing;
Passed the TOEFL or equivalent.
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