solutions for RNs

Healthcare organizations have some temporary working visa options for foreign nurses. However, hiring a foreign nurse generally involves sponsoring the nurse for permanent residence, commonly known as a "green card".


TN Status for Canadians

TN Status for Mexicans

H-1B Visa

H-1C Visa

Permanent Residence (the "Green Card")

 


TN Status for Canadians
Under provisions of the North American Free Trade Agreement ("NAFTA"), nurses who are citizens of Canada may obtain US work authorization in TN status. A job offer for a staff RN position is sufficient, and the TN is only valid for employment with the sponsoring employer. The TN is a temporary permit issued for one year, with no explicit limit on the number of extensions. It may be obtained at the port-of-entry upon entering the U.S. VisaScreen is not required.

For detailed information, please download the following documents:

TN Status Information

TN Status Document Checklist

 

top

 


TN Status for Mexicans
NAFTA also includes provisions for Mexican nurses. The requirements and benefits for Mexican TN applicants are similar to those for Canadians. However, prospective employers of Mexican TN nurses must obtain an approved TN petition by filing with the U.S. Immigration Service, a process identical to the H-1B process described below. VisaScreen is not required.

top

 


H-1B Visa
A foreign nurse may qualify for H-1B visa status only if the job offered is one that requires a four-year degree. Although a candidate may hold such a degree, INS believes that few nursing positions require a 4-yr BSN. The H-1B visa petition must be filed with the appropriate regional INS Service Center. The employer is required to pay at least the prevailing wage, and to provide notice of the terms of the proposed hire to other workers or the appropriate union bargaining representative. The H-1B is available for a total of six years, and is valid for employment only with the petitioning facility. The government processing time for an H-1B visa petition is 2 weeks - 3 months. VisaScreen is not required.

top

 


H-1C Visa
The H-1C visa status is available to foreign RNs who are fully licensed under state law to practice nursing in the state of intended employment. The petitioning hospital must be located in a health professional shortage area; must have at least 190 acute care beds; and must have a certain percentage of patients eligible to receive state medical assistance. Only 25 - 50 RNs per state [500 nationally] are available annually. The H-1C work permit is available for a total of three years. VisaScreen is not required.

top

 


Permanent Residence (the "Green Card")
A facility may sponsor a foreign nurse for permanent residence if the facility has a full-time permanent position available for a professional nurse as a staff RN. In order to initiate the Green Card process, the nurse must have passed the CGFNS exam or be fully licensed to practice in the state of intended employment. VisaScreen is required. As of June 2002, the process for permanent residency is taking approximately 10 - 14 months to complete. However, if a job candidate is in the US and has a license to practice in the state of intended employment, it may be possible to get work authorization within 6 - 8 months.

For detailed information, please download the following documents:

Hiring a Foreign Nurse: An Overview for Employers

Seeking Employment in the US: An Overview for Foreign Nurses

 

top

 

 

 
© 2002 Elliot & Mayock LLP