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The US Congress has created various provisions by which to bring a foreign trained nurse to the United States. The most desirable of these is the Third Preference Employment Based Visa under the Immigration and Nationality Act. The visa is called Permanent Visa or Immigrant Visa or some times called Green Card, even though the card is no longer Green, it is somewhat pinkish. The employer files the visa petition for the potential employee with the USCIS Service Center with geographic jurisdiction over the place of employment. The USCIS usually make the decision on the filing in about 90-120 days of the application. The USCIS notifies the US Embassy or Consulate in the country of residence of the candidate for further processing. The candidates are then invited to file a formal Immigrant Visa application for the final processing. Upon satisfactory completion of all the requirements, a permanent visa is issued in about 9-12 months of the application. This is their only permission to travel to the United States. RNs do not typically meet the General Requirement for H-1b Specialty Occupation Classification. However, RN Specialty positions are eligible for H-1B status when an employer can show that a bachelor's or higher degree, or its equivalent is normally the minimum requirement for entry into that position, such as a certified Advanced Practice Registered Nurses (APRNs). APRNs include: clinical nurse specialist (CNS), certified registered nurse anesthetist (CRNA), certified nurse-midwife (CNM) and certified nurse petitioner (CNP). A CNS may have achieved advanced practice certification in any of the following fields: Acute Care, Adult, Critical Care, Gerontological, Family, Hospice and Palliative Care, Neonatal, Pediatric, Psychiatric and Mental Health (Adult or Child) and Women's Health. Similarly, CNPs may have achieved advanced practice certification in any of the following fields: Acute Care, Adult, Family, Gerontological, Pediatric, Psychiatric & Mental Health, Neonatal and Women's Health. With a bachelor’s or higher degree, administrative and supervisory level nurses also may be eligible for H-1B status. |
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