2)
H1C Visa:
This type of visa is rarely used because it is weighed
down with very strict rules and few actual visas are available
under this category. This visa was created in 1999 for
hospitals located in a health professional shortage areas.
Only fourteen (14) hospitals in the US could be initially
determined to qualify to apply for H1C and only 500 nurses
per year can get the visa, limiting only to 25 nurses
each state per year.
Requirements
for H1C visa are as follows:
a. Foreign nurse must have unrestricted license to work
as a professional nurse in the country where they received
their nursing training;
b. Foreign nurse must pass an examination approved by
the Department of Health and Human Services or have
a license to work as a professional nurse in the state
where they will work;
c. Foreign nurse must be eligible to work as registered
nurse under both the laws of state where they will work
and the regulations of the facility where they will
work.
Processing Time: 3 – 6 months
Validity: Valid for three (3) years
3)
TN Visa
This type of visa is available under the North American
Free Trade Agreement (NAFTA) to Canadian and Mexican citizen
who wants to work in the US. Under NAFTA, applicant must
possess the required credentials to be considered professional
under the TN category. For nurses, they must demonstrate
eligibility by providing a provincial or state license
or Licenciatura degree. The registered nurse should present
the following in order to be admitted:
a. Current nursing license from the state of intended
employment
b. Current license from Mexico or Canada
c. Nursing Diploma
d. Letter of Employment
e. Birth Certificate from Canada or Mexico
f. Fee of $50.00
Unlike
H1B visa, TN visa holders should demonstrate an intention
to leave the US when they have completed their stay.
Processing
Time: One (1) to six (6) weeks
Validity: Nurses who hold a TN visa are given an initial
stay of one (1) year. Thereafter, they can request for
an extension of stay in one (1) year increments. Currently,
there is no limit on the number of extension that may
be granted.
4)
Immigrant Visa (Green Card) - EB 3
This type of visa is normally the best option for foreign
nurses. Although it takes a longer period of time to process
the immigrant visa, it is generally the best and safest
alternative for a foreign nurse who wants to work in the
US.
Employment based immigrant visas for professionals
typically involves three main steps:
a. Labor Certification:
the purpose of this application is to test
the employer’s local labor market. If no qualified
and available workers are filled in, the position is certified
as open for a foreign worker. This is filed to the US
Department of Labor.
b. I-140 Petition: the purpose of this
petition is to verify that the foreign professional has
the minimum requirements to fill the open position. This
serves to classify the foreign professional as eligible
for the position. This petition is filed to BCIS with
jurisdiction over the place of employment. Once the I-140
is approved, the Alien beneficiary becomes eligible to
apply for an immigrant visa, if the priority date is current.
c. Adjustment
of Status: for foreign professionals who
are legally present in the US, the I-140 may permit the
Alien to apply for adjustment of status, instead of going
abroad to obtain approval. However, those professionals
who are outside of the US must make an application for
an immigrant visa at the Consulate.
However,
the nursing profession is included
in the pre-certified occupations for which labor shortage
was recognized. The advantage of nurses being pre certified
is that it does not have to go through labor certification,
which is the most time consuming part of the employment
based immigration process. For an immigrant visa, it is
not important that a nurse has completed a bachelor’s
degree as long as she completed a professional program
and has subsequently been licensed.
Processing
Time: Twelve (12) to Eighteen (18) months
Validity: indefinitely as permanent resident. May apply
for US citizenship after five (5) years of continued residency
in the US.
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