Work Visas for Nurses

Some nurses could qualify for H-1B visa status if their positions required at least a bachelor's degree. However, many nursing positions do not require a bachelor's degree, making the H-1B visa category somewhat difficult to obtain. The Nursing Relief for Disadvantaged Areas Act for 1999 creates a new temporary ("H-1C") visa program which allows foreign-born registered nurses to work up to three years in certain hospitals which serve Health Professional Shortage Areas (HPSAs). The visa program expires in four years and limits the number of visas issued to 500 per year.

Many prospective U.S. employers apply directly for a green card for foreign nurses because there is no requirement to first obtain a labor certification from the Department of Labor. The labor certification process, which requires a very extensive test of the U.S. labor market, has been waived for professional nurses. Thus, applying for a green card option for a foreign nurse may be the preferred option.

Eligibility to be petitioned as a "nurse" by a qualifying hospital

Nurse means a person who is or will be authorized by a State Board of Nursing to engage in registered nursing practice in a State or U.S. territory or possession or facility, which provides health care services. A staff nurse means a nurse who provides nursing care directly to patients. In order to qualify under this definition of "nurse" the alien must:

1. Have obtained a full and unrestricted license to practice nursing in the country where the alien obtained nursing education, or have received nursing education in the United States ;
2. Have passed the examination given by the Commission on Graduates for Foreign Nursing Schools (CGFNS), or have obtained a full and unrestricted (permanent) license to practice as a registered nurse in the state of intended employment, or have obtained a full and unrestricted (permanent) license in any state or territory of the United States and received temporary authorization to practice as a registered nurse in the state of intended employment; and,
3. Be fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse to be employed) governing the place of intended employment to practice as a registered nurse immediately upon admission to the United States and be authorized under such laws to be employed by the employer. For purposes of this paragraph, the temporary or interim licensing may be obtained immediately after the alien enters the United States and registers to take the first available examination for permanent licensure.

Quota for H-1C nurses hospitals may apply for yearly

The law caps the number of nurses in any one year is 500 nationwide. Also, a limit for the number of nurses for each state was also set up by the population in the state. States with populations of nine million or more in the 1990 census are eligible for up to 50 H-1C nurses per year while states with populations of less than nine million in the 1990 census are limited to 25 H-1C nurses per year.

The per-state limitation may have the effect of further restricting the number of H-1C nurses who may be petitioned by qualifying hospitals. Fortunately, any unused visa numbers will be re-allocated among the states during the last quarter of the Federal fiscal year (July 1 - September 30) without regard to the per-state limitation.

Permanent residence petition for H-1C nurses by hospitals

Hospitals hiring H-1C nurses may petition their permanent residences. As registered nurses, they are eligible for blanket labor certification. Hospitals should be well advised to petition for their H-1C nurses for permanent residence as soon as possible. The long backlogs for nurses born in India and mainland China , and the coming backlogs for nurses born in the Philippines , give hospitals little choice but to petition such nurses for permanent residence within their first 90 days of employment, or risk losing the services of the nurse after three years in H-1C status.

Work Visas for Physical Therapists

Physical therapists are generally eligible for an H-1B visa, since the bachelor's degree is generally a standard requirement for that occupation in the United States . The H-1B visa is available when the occupation requires a bachelor's degree. If you are a physical therapist in another country, you must first submit your educational credentials to a U.S. state therapy board for a temporary license or permit. Once you have a permit, you can apply for an H-1B visa to work in the United States . Once you enter the United States , you will have to take the state licensing exam, and then renew your H-1B visa.

Schedule A: Fast Track for Nurses and Physical Therapists

Schedule A is a list of occupations for which the U.S. Department of Labor has determined that there is an insufficient number of U.S. workers who are able, willing, qualified and available. Inclusion on Schedule A also establishes that the employment of foreign workers in such occupations will not adversely affect the wages and working conditions of U.S. workers similarly employed. The advantage of being on Schedule A is that the foreign worker can obtain a green card without first having to go through the entire labor certification process.

Currently, only two occupations are explicitly listed on Schedule A:

• Professional nurses; and
• Physical therapists.

Professional Nurses

To qualify for Schedule A processing, a professional nurse must meet at least one of these two alternative requirements:

• The nurse must have passed the Commission on Graduates in Foreign Nursing Schools (CGFNS) Examination; or
• The nurse must hold a full and unrestricted license to practice professional nursing in the state of intended employment.

A "professional nurse'' is a person who applies the art and science of nursing, including principles derived from the physical, biological, and behavioral sciences. Professional nursing generally includes making clinical judgments about the observation, care, and counsel of persons requiring nursing care; administering medicines and treatments prescribed by a physician; and participating in activities to promote health and prevent illness in others. A study program for professional nurses generally includes theory and practice in clinical areas such as obstetrics, surgery, pediatrics, psychiatry, and medicine.

Although the Department of Labor regulations do not require registered nurses to have passed the CGFNS examination if they hold a full and unrestricted license to practice professional nursing in the State of intended employment, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 excludes foreign health care workers (such as registered nurses) from the United States unless they have passed the CGFNS examination.

Pysical Therapists

A "physical therapist'' is defined as a person who applies the art and science of physical therapy to the treatment of patients with disabilities, disorders and injuries to relieve pain, develop or restore function, and maintain performance. The physical therapist uses physical means such as exercise, massage, heat, water, light, and electricity, as prescribed by a physician or surgeon.

To qualify for Schedule A processing, a physical therapist must possess all the qualifications necessary to take the physical therapist licensing examination in the state in which he or she proposes to practice physical therapy.

Application for Permanent Residency under Schedule A

Because "Schedule A" applications do not require the approval of a labor certification, the process for obtaining a green card for qualified nurses or physical therapists can be much quicker than for occupations that do require labor certification.