Nurse - Immigrant

Definitions

"Petitioner" is the employer

"Beneficiary" is you

"Petition" is the Petition for Immigrant Worker

"Derivative Beneficiary" is your spouse or child (less than twenty-one years of age)

"Applicant" is you

Employment

The process of obtaining permanent residence based on employment consists of three distinct phases: Labor Certification; a Petition for Immigrant Worker; and an Application for Immigrant Visa or an Application to Register Permanent Residence or Adjust Status.

I. Labor Certification

Typically, the first phase in the process of obtaining permanent residence based on employment is the filing of an Application for Labor Certification. However, the Department of Labor has determined that there are not sufficient workers who are able, willing, qualified and available for the occupation of professional nurse and that the employment of foreign nurses will not adversely affect the wages and working conditions of workers in the United States employed as professional nurses. Therefore, the occupation of professional nurse is a Schedule A, Group I pre-certified occupation. Pursuant to 20 C.F.R. Section 656.22(c)(2), in order for you to be considered a Schedule A professional nurse for pre-certification purposes you must demonstrate that you were employed as a professional nurse and either you have passed the Commission on Graduates of Foreign Nursing Schools (CGFNS) Examination or hold a valid full and unrestricted state license to practice nursing in the state of intended employment.

Commission on Graduates of Foreign Nursing Schools (CGFNS)

The CGFNS has developed a program that consists of three parts including a review of your education, training, license and experience; an exam that will ensure that you have the level of competence in oral and written English that is considered appropriate for a nurse; and the CGFNS Qualifying Exam. The CGFNS uses the Test of English as a Foreign Language (TOEFL) administered by the Educational Testing Service (ETS) to ensure that you have met the English language proficiency requirement. Please note that if your native language is English; you received your nursing education in Australia, Canada (except Quebec), Ireland, New Zealand or the United Kingdom and the language of instruction was English; and the language of the textbooks used was English you may not be required to pass the TOEFL examination. Upon successful completion of all three elements of the program, you will be granted a CGFNS Certificate.

National Council Licensure Examination (NCLEX)       

The National Council of State Boards of Nursing developed the NCLEX, which was designed to ensure that you will be a safe practicing nurse. In order for you to be licensed to practice in any state in the United States s/he must take and pass the NCLEX.

II. Petition for Immigrant Worker

Congress has set a numerical limitation of 140,000 foreign nationals that may immigrate to the United States based upon employment. The numerical limitation has been divided into five employment based preference categories. The first employment based preference category has been set-aside for 40,000 foreign nationals who are considered priority workers which include international managers or executives who have been transferred; outstanding professors and researchers employed by colleges or universities or employers that have established research departments; and those persons of extraordinary ability in the sciences, art, education, business, and athletics. The second employment based preference category has been set-aside for 40,000 foreign nationals who are considered persons of exceptional ability in the sciences, art or business or possess advanced degrees. The third employment based preference category has been set-aside for 40,000 foreign nationals who are professionals with a bachelor’s degree not qualifying in the second preference category; skilled workers who are filling positions requiring at least two years of training and experience; and unskilled workers. The fourth employment based preference category has been set-aside for 10,000 foreign nationals who are considered special immigrants. The fifth employment based preference category has been set-aside for 10,000 foreign nationals who are immigrant investors. NursePass.com provides assistance with the third employment based preference category for nurses.

Filing Requirements

If you are outside the United States the employer files a Petition for Immigrant Worker; supporting documents; and the filing fee with the Immigration and Naturalization Service Regional Service Center, which has jurisdiction over the place where the employer is located.

Immigration and Naturalization Service Processing

Once the Immigration and Naturalization Service receives the Petition, it will issue a Notice of Action (Receipt Notice) indicating the date of receipt; date of the notice; the priority date; the employment preference classification; the employer’s name and address; your name; and the approximate processing time of said Petition.

Once the Immigration and Naturalization Service approves the Petition, it will issue a second Notice of Action (Approval Notice) indicating the date of the notice; the date of the approval; the priority date; the employment based preference classification; the employer’s name and address; and your name.

Priority Date

Once a Petition is filed with and accepted for processing by the Immigration and Naturalization Service, the Petition for Immigrant Worker is assigned a priority date. This is relevant as the issuance of your immigrant visa or your ability to file an Application to Register Permanent Residence or Adjust Status allowing you to obtain permanent residence is determined chronologically according to the priority date.

Immigration and Naturalization Service Processing Time

The processing time required differs depending on the Immigration and Naturalization Service Regional Service Center where the Petition is filed. For the Immigration and Naturalization Service Regional Service Center processing times click here.

Dependents

Your spouse and any minor child (less than twenty-one years of age) are eligible for immigrant visas. A separate Petition is not required. However, a separate immigrant visa application is required for each dependent.

III. Immigrant Visa Application or Application to Register Permanent Residence or Adjust Status

Immigration and Naturalization Processing or Embassy or Consulate Processing

Once the Immigration and Naturalization Service approves the Petition, the next depends upon whether you are in the United States or Outside the United States. If you are in the United States click here; if you are outside the United States click here.