NURSES

A foreign registered nurse (RN) residing abroad may be employed in the US, if he/she meets the following requirements:

• A diploma from a nursing school in his/her country;
  
• A license in his/her country; and
  
• A full and unrestricted license to practice professional nursing in the state of intended employment, or a certification issued by the Commission on Graduates of
• Foreign Nursing Schools (CGFNS), or evidence that she has passed the NCLEX-RN licensing examination but cannot obtain a license because she lacks a social security number. RNs together with physical therapists are listed as shortage, or
• "Schedule A", occupations in regulations (20 C.F.R. §656.22) issued by the
• Department of Labor. An employer who intends to sponsor an RN is exempt from having to submit a PERM application to the Department of Labor.

The employer would need to submit an immigrant visa petition (Form I-140) to the service center of the Citizenship and Immigration Services that has jurisdiction over the RN's place of intended employment. The petition must be accompanied by Labor Department form ETA-9089, by a posting notice, a prevailing wage determination and by various other documents. The petition should also be accompanied by a check for filing fees.

The CIS would then send the approved visa petition to the National Visa Center (NVC) in Portsmouth, New Hampshire. The nurse (or her attorney/agent) receives a "fee bill" asking for all government processing fees to be paid in advance of processing her application and those of her immediate family members. After the fees are paid, the NVC forwards a packet to the nurse or his/her attorney containing biographical information forms for completion by the principal applicant and his/her family members, and a list of necessary documents for submission.

The RN, or his/her attorney, sends the signed and completed forms and documents to the NVC which then schedules an appointment for an Immigrant Visa for the RN and his/her family at the U.S. Consulate or Embassy where they will have their interviews for permanent residence. At this interview, the government will examine various documents which includes, among others:

• Applications for Immigrant Visas;
  
• Birth Certificates;
  
• Marriage Certificate, if any;
  
• Police Clearances;
  
• Valid Passports;
  
• Medical Examinations;
  
• Visa Screen Certificate;
  
• Employment contract (or a letter of a job offer).
  
• A Visa Screen Certificate is issued only after the RN has demonstrated that (1) her education, license and training in her country are equivalent to education, license and training in the U.S. and that (2) her level of competence in oral and written
• English are appropriate to practice professional nursing in the U.S.

The CIS regulations provide that the only organization authorized to issue Visa Screen Certificates to RNs is the Commission on Graduates of Foreign Nursing Schools (CGFNS), the organization which is listed in §343. The CGFNS is located at 3600 Market Street, Philadelphia, PA, 19104-2651; telephone: (215) 349-8767; fax: (215) 349-0026; e-mail: support@cgfns.org This e-mail address is being protected from spambots. You need JavaScript enabled to view it

The CIS's Visa Screen regulations provide that even if a foreign-born RN is educated, licensed and trained in the U.S., she still must obtain a Visa Screen certificate. However, such RNs may be able to obtain a certificate on a streamlined basis. Obtaining such a certificate requires a significant expenditure of time, effort and money (over $300) on the part of the nurse.

Unless the nurse was educated in an English-speaking country (U.S., Australia, New Zealand, Ireland, United Kingdom or Canada - all provinces except Quebec), she must achieve a certain minimum score on tests in written and spoken English administered by TOEFL (Test Of English As A Foreign Language), IELTS (International English Language Testing Service) or the TOEIC (Test of English in International Communications).

Also, if the RN registered for the MELAB (Michigan English Language Assessment Battery) before November 27, 2002, this result may be sent to the CGFNS for Visa Screen purposes.