Immigration Information for International Healthcare Professionals
You may depend on GEMs expertise in every area. In 2009 alone, our team of experts successfully supported the recruiting, hiring, and immigration processing of over 100 nurses into the U.S.
GEMs expertise engages the entire immigration process. We are experienced filing Form I-140 or the employment based green card, and manage all stages from Citizenship and Immigration Services (CIS), National Visa Center (NVC) in Portsmouth, New Hampshire, to scheduling of the immigrant visa interview for the RN and family at the U.S. Consulate or Embassy. Our services include team management of all supportive documentation i.e. birth certificates, marriage certificates, passports, police clearances, visa screens, prior employment letters and references, medical examinations, copies of licensures, diplomas etc.
NURSE IMMIGRATION IN 2011
IMMIGRATION FOR REGISTERED NURSES FROM COUNTRIES OTHER THAN NORTH AMERICA
There are two basic Visas for immigrating a nurse to the U.S. The first Visa and by far the more suitable visa is the employment based green card. The employer sponsors this visa. With this Visa, not only the RN, but also the spouse of the nurse, may immediately go to work on the green card upon entering the United States. The Green Card is a permanent Visa, which allows the nurse, spouse, and children (immediate family) to reside and work in the U.S. for as long as you wish to stay.
The second visa is the H-1B Visa. This Visa is a temporary stay working Visa, which is generally approved the same year as applied, which means the nurse will arrive within the same year. Never the less, the H-1B can be a daunting route for successful immigration of the 4 year degreed Registered Nurse.
An employment based Visa (E-B3) (Green Card) currently takes almost four years to immigrate a registered nurse to the U.S., more if the RN was born in India or China. The American Hospital Association is working to to persuade Congress to pass the Emergency Nursing Relief Act which would allow 20,000 registered nurses and physical therapists to immigrate to the U.S. annually for the next three years. The bill has been introduced in both the House of Representatives and the Senate. It has been approved by the House Immigration Subcommittee.
What Nurse Positions Qualify and meet the Requisite Requirements for H-1Bs?
Category 1: The first category of nurses who generally will be approved is the certified advanced practice registered nurse (APRN) category that includes:
- Clinical nurse specialists (CNS')
- Certified registered nurse anesthetist (CRNAs)
- Certified nurse-midwives (CNMs)
- Certified nurse practitioners (Nurse Practitioners fall within this category)
Category 3: The more subjective group that could receive H-1B approval includes those who have a nursing specialty such as critical care and peri-operative nurses, or who have passed examinations based on clinical experience in school health, occupational health, rehabilitation nursing, emergency room nursing, critical care, operating room, oncology, and pediatrics, ICU, dialysis and cardiology.
THE H-1B VISA FOR PHYSICAL THERAPISTS / MEDICAL TECHNOLOGISTS
The H-1B Visa is a temporary work visa for professionals, good for up to six years. Professionals eligible for the H1B category include dentists, dietitians, medical technologists, nutritionists, occupational therapists, pharmacists, physical therapists, psychologists, recreational therapists, researchers and physicians. Generally, a professional may be employed in the U.S. in the H-1B status for a maximum of six years. At the end of six years, the H-1B worker must leave the country for one year, change to another temporary status, or apply for "adjustment of status" to permanent residence. These Visas are approved within one year, depending on quota limitations, which are currently at 65,000 per year.
For the Physical Therapists, requirements include passing the National Physical Therapy Examination (NPTE), and obtaining licensure as a physical therapist in the intended state of employment, in addition to obtaining a Visa Screen Certificate. Physical Therapists, may also apply for a green card, requiring only a letter signed by an authorized state physical therapy licensing official indicating eligibility to take the NPTE. Foreign Physical Therapists may enter the U.S. as a visitor to take the NPTE exam. For those PT’s unable to enter the U.S. to take the exam, an H1B Visa may not be advisable. These professionals will have to file for the green card instead. For each state requirement, please visit the Federation of State Boards of Physical Therapy (FSBPT) at fsbpt.org. Physical Therapists also have an option of presenting a Certificate Type 1 issued by the Foreign Credentialing Commission on Physical Therapists (FCCPT), www.fccpt.org.
IMMIGRATION FOR NURSES FROM CANADA AND MEXICO / TN VISA
Nurses from Canada and Mexico may obtain TN Visas, or temporary work permits. These Visas are valid for one year, and must be renewed if the employer intends to keep the employee. This Visa does have a 3-year limit on yearly extensions. However these Visas are granted quickly and can be very affective in the short-term. Requirements include proof of citizenship, a Visa Screen, a RN license from their country, and of course passing of IELTS (International English Language Testing System) exam, if from Mexico. All nurses must pass the NCLEX-RN exam which is administered by the National Council of State Boards of Nursing.
CERTIFIED NURSING ASSISTANTS
The H-2B program is strictly designed for short-term temporary needs. There are particular countries that have been pre-approved by the Dept of Homeland Security for H-2B immigration. Under current regulations, only nationals of the countries on this list (or those that have made special arrangements with Dept of Homeland Security) may apply for and be approved for H-2B status. Residents of the following countries are eligible to participate in the H-2B program: Argentina, Australia, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Indonesia, Israel, Jamaica, Japan, Mexico, Moldova, New Zealand, Peru, Philippines, Poland, Romania, South Africa, South Korea, Turkey, Ukraine and the United Kingdom.
Candidates not from an approved country would require a separate USCIS petition with uncertainty that they would be approved if they were from a country that has abused H-2B regulations in the past.
First consideration for the employer is proof of temporary need. The temporary need is controlled by the nature of the employer’s need, not the nature of the job or the job duties. The employer must establish that the need for the employee will end in the near, definable future. Generally, that period of time will be limited to one year or less, but in the case of a one-time occurrence, the period of employment could last longer than one year and up to three years.
OTHER COUNTRY IMMIGRATION PROGRAMS
As a worldwide recruiting and placement agency, we manage immigration and licensing issues for the United Kingdom, Saudi Arabia, Ireland, Australia, Canada, and other countries.
Please contact us for a free consultation regarding your facility, personal placement, and/or immigration requirements.