US Immigation-Work Visas For Registered Nurses (RNs),   Licenced Practical  Nurses (LPNS), and  Certified Nurses Assistants (CNAs)

The backlogs that are now present in the EB-3 employment category have created difficulty for nurses seeking to remain in the U.S. and health care institutions that have relied on foreign nurses to fill the acute shortage of health care providers.

While Registered Nurses, LPNs and CNAs may seek green cards through the
traditional methods which now involve a waiting period due to the backlogs, employers and nurses should consider the following options in addition:

F-1 Student Visa/CPT and/or OPT

Nurses who attend school in the U.S. as part of a nursing program or post-graduate program may be authorized to work as practical training.  Curriculum Practical Training (CPT) is authorized by schools and permits students to work a part-time schedule with an affiliated employer while attending school. Optional Practical Training (OPT) is issued upon graduated and permits employment for the one year immediately following graduation.

TN Visa for Canadian and Mexican Citizens

Under NAFTA, health care workers that are citizens of Canada or Mexico may qualify for the TN visa status. TN visas are generally available to registered nurses, physical therapists, occupational therapists, medical technologists and others. Applicants must provide the following: proof of citizenship; Visa Screen from CGFNS or certified statement if applicable, valid U.S. state or Canadian license; diploma or degree, work experience letters, U.S. equivalency evaluation; and a support letter from the US employer. The TN visa is generally not available to LPNs or CNAs.  

H-1B Visa For Certain Nurses

H-1B visas are available for BSNs where the employer can demonstrate that a bachelor's degree (at least) is necessary to perform the essential functions of the position. As such, general staff Registered Nurses do not qualify for the H-1B status.  However, numerous other subspecialties requiring more education and/or training may qualify. These include: Advanced Practical Registered Nurses (APRNs) or Licensed Nurse Practitioners  LPN) in the fields of acute care, adult care, hospice and palliative care, neonatology, ediatric care, psychiatric and mental health workers. Also qualified are Certified Registered Nurse Anaesthetists (CRNAs) and Certified Nurse-Midwives (CNMs).

Nurses in managerial, supervisory, or research positions beyond direct patient care may qualify for the H-1B visa status so long as the employer can demonstrate that it requires at least a bachelor's degree or its equivalent for all applicants and employees in that position. The employer is required to provide substantial documentation of the degree requirement internally and industry-wide.

E-3 Visa For Australian Nurses

Australian citizen nurses who otherwise qualify under the H-1B visa standards may seek the E-3 Visa status to avoid the H-1B visa caps.

Green Card Petitions for LPNs/CNAs

LPNs and CNAs ordinarily do not qualify for the H-1B visa status. However, they may seek permanent residency through the PERM labor certification  process and seek permanent residency under the EB-3 category once their priority date becomes current. However, they must remain in valid non-immigrant status until then. 

Feel free to contact  one of our experienced immigration attorneys with any questions or clarification of any issues regarding nurses and other health care workers. You may also visit our Nurse Information Center   for general visa information for nurse immigration.

Physicians - US Immigrant and Non-Immigrant Visas for FMGs/IMGs Abroad

Foreign trained physicians (FMGs/IMGs) abroad seeking a US visa to practice medicine face unique concerns that other professionals do not.  The law specifically prohibits unqualified foreign medical graduates (FMGs) from entering the US to practice medicine and seeks to ensure that only the highly qualified physicians that have a good command of the English language may enter and practice. 

To qualify for a US visa, a foreign medical graduate must engage in months and sometimes years of study and preparation to complete the required exams.  After passing the exams, in almost all cases, the FMG must also find a willing employer, residency or fellowship program. The following options are considered for those physicians outside the United States. 

J-1 Visas For FMGs/IMGs
J-1 Exchange Visitor visas, sponsored by the ECFMG, permit foreign trained physicians to enter the United States for a residency or fellowship program.  This is by far the easiest visa to obtain for residency training in the US.  Candidates must first pass the USMLE Steps I & II, the English Exam (TOEFL or equivalent) and also find a hospital that will accept them into a residency program.  Residency program directors typically select only those who score very highly on the tests.  Physicians who are issued J-1 visas must complete their US training within seven years and return to their native country for at least two years thereafter.  Those physicians intending to remain in the US after training should  carefully consider other visa options because obtaining a waiver of the 2 year foreign residence requirement can be difficult.

H-1B Visas For FMGs/IMGs
Foreign trained physicians may also qualify for the H-1B visa.  To qualify however, such physicians must have a doctor of medicine degree, pass the USMLE steps I, II & III as well as the English exam, have an unrestricted license to practice medicine in another country and obtain a license or other authorization to practice medicine for the state in the US where they intend to practice. While the H-1B visa is a good option for FMGs, a good number of residency programs do not offer sponsorship for this visa. Another obstacle is that candidates may have to enter the US first in order to sit for the USMLE Step III at all. These make it difficult for physicians who live abroad to obtain the necessary requirements for the H-1B visa.

E-3 Visa For Australian FMGs/IMGs
Australian citizens who otherwise qualify under the H-1B visa standards may seek the E-3 Visa status to avoid the H-1B visa caps.

TN Visas for Canadians and Mexicans FMGs/IMGs
The TN visa option exists for those physicians who are citizens of Canada or Mexico under NAFTA.  The difficulty with this option is that holders of this status may engage in teaching, research and such. They can only engage in patient care duties that are incidental to the teaching and research activities that are permitted.  

Returning H-1B Visa Holders
Those who held H-1B visas in the past and left the US for one or more years may re-enter with the H-1B visa and avoid the cap so long as they have not exhausted the 6-year limitation on H-1B stays.

FMGS/IMGs Trained in the US
Physicians who completed their residency training program in the US but had to return to their country to complete the 2-year foreign residency requirement or for other reasons may apply to re-enter using various visa options, including the H-1B, TN, EB-2, PERM Labor Certification,  O-1, EB-3 green card petitions as well as the I-140/national interest waiver green card application.

J-1 Visa Waivers for FMGs
Those physicians that are subject to the J-1 visa 2-year foreign residence requirement may apply for a waiver of that requirement by seeking the support of an interested US governmental agency (IGA).  Such candidates may also apply for a J-1 visa waiver through the Conrad 30 program which permits each state to sponsor up to 30 physicians per year. Applicants must commit to work in a medically underserved (HPSA, MUA or MUP) area for at least 3 years to qualify.  Self-sponsorship is available for physicians seeking to start a practice in a medically underserved area. Note that the waiver is not a visa and does not permit one to remain or work in the US.  The physician must still apply for a visa or green card in order to remain and work in the US after obtaining the J-1 visa waiver.

O-1 Visa for Physicians with Extraordinary Ability
This option is good for FMGs that are able to meet the heightened requirements for this classification.  Another advantage exists for those physicians previously on the J-1 status who did not obtain a J-1 Visa Waiver and did not return to their native country to complete the 2-year foreign residency requirement.  The O-1 Visa may be granted in spite of the unfulfilled J-1 Visa foreign residency requirement.  Additionally, those who wish to work in research, teaching or employed as professors may use this visa also. An added advantage is that qualifying applicants are able to avoid the H1B visa caps. To qualify, applicants must show that they possess extraordinary ability which has been emonstrated by sustained national or international acclaim.

Please visit our Physician Information Center   for general information about how foreign medical graduates (FMGs) may obtain temporary and permanent visas to stay and work in the United States.  Our Useful Web Links for physicians also provides important resources for visa applications. To Contact one of our experienced immigration attorneys, use our Contact Us  form or phone at 312 795-9110.

Green Card/Permanent Residency Visa for Illegal Aliens Married to US Citizens Through Exceptional Hardship Waiver

U.S. citizens married to illegal aliens (without papers) and those who entered the U.S. without inspection (EWIs) face significant hurdles before they can obtain a visa or green card for their illegal alien spouse. In addition to meeting the requirements that all other applicants must obtain, these cases have additional filing requirements. The following are some options to be considered for illegal aliens married to U.S. citizens.

Adjustment of Status Through Section 245i
245(I) permits those who previously filed a permanent residency or labor certification petition on or before April 30, 2001 to remain in the U.S. and seek adjustment of status even if the previous green card application is not approved. Upon marriage to a US citizen, the affected illegal alien will submit an immediate relative petition as well as an I-485 adjustment of status application, pay a fine and proceed with the green card process while remaining in the U.S. — [Section 245i overview]

I-601 U.S. Citizen Spouse Hardship Waiver
Illegal aliens, EWIs, and those subject to the 3/10 year bars may apply for a green card if married to a U.S. citizen through the hardship waiver process. The first step is to submit an I-130 immediate relative petition to an USCIS service center in the U.S. upon approval and NVC processing, the alien would apply to complete the green card process at a consulate in his or her native country. As part of that application, the illegal alien will submit an I-601 request for a hardship waiver along with extensive documentation and evidence. The alien is not permitted to complete the process while in the U.S. but must leave the country to do so.

The I-601 hardship waiver application requires the alien to prove that not permitting him to reenter the U.S. will result in extreme hardship to his or her U.S. citizen spouse. Extensive and detailed documentation is required to prove this requirement. Such evidence should include sworn statements from family members, friends and acquaintances, medical records, psychiatric/psychological records, school records, evidence of illness of family members, financial information and tax returns, letters from teachers, support letters from churches and community organizations, evidence of health and emotional problems that may result from the separation, and such other documentation. This waiver process may also be used for applications submitted by U.S. citizen parents on behalf of their illegal child as well as applications by permanent residents on behalf of their undocumented spouse or child. If approved, the green card application is granted and the alien is permitted to return to the U.S. to assume permanent residency or green card status. 

Due to the extensive nature of the documentation required for this process, it is important to consult an immigration attorney familiar with the law in this area. Our immigration attorneys are competent and can assist with questions or filing the application. A recent ruling by the [Administrative Appeals Office (AAO)] should also provide some guidance for reparing the I-601 hardship waiver application.

Please use our Contact Us  form or call at 312 795-9110 to get more information