Nursing as a Route to the Green Card
Posted Oct 11, 2002
Last year the MurthyBulletin reported the long-standing shortage of nurses in the U.S. and the immigration opportunities existing for registered nurses as a result. This shortage continues, as does the demand for qualified nurses. Our November 23, 2001article, Nurses - Shortages and Options, available on MurthyDotCom, explains that, because the shortage has been recognized by the U.S. Department of Labor (DOL), Registered Nurses (RNs) are able to skip the lengthy and difficult step of obtaining a labor certification. That earlier article also covers the various nonimmigrant options for nurses and the related issues and problems with those categories.
We take this opportunity to set forth the process in more detail, including the necessary testing and examination requirements for obtaining permanent residency as a nurse.
Schedule A - No Labor Certification Needed
The occupation of registered nurse is listed by the DOL on "Schedule A" as a known shortage occupation. Schedule A is a blanket determination made by the DOL that foreign workers holding jobs listed on the schedule will not harm the United States workforce or the economy. This blanket determination means that such people qualified to perform these jobs do not have to go through the generally long process of getting certification from the U.S. Department of Labor before they are able to petition the INS to process their Green Cards. The labor certification process can otherwise take over 2 years in some jurisdictions. Registered nurses are listed as a Schedule A position and, therefore, no labor certification is needed in order to file the I-140, Petition for Alien Worker. It is necessary to show that the RN has a prospective employer who is willing to offer the RN position as the I-140 petitioner. However, given the demand for nurses, interested employers are not difficult to locate. There are many recruitment agencies that facilitate this process.
Visa Screen
Currently, the law requires all foreign-born nurses, irrespective of where they were educated or trained, to complete a Visa Screen certification in order to immigrate to the United States as a lawful permanent resident. The Visa Screen process is run by the Commission on Graduates of Foreign Nursing Schools (CGFNS). The procedures for obtaining this certification vary depending upon whether the nurse is in the U.S. or abroad.
Outside the U.S.
For a nurse outside the U.S., s/he would have to take four separate tests. These are: (a) the CGFNS qualifying exam; (b) the TOEFL (Test of English as a Foreign Language); (c) the TWE (Test of Written English) and (d) the TSE (Test of Spoken English). All tests are necessary for the Visa Screen. The English tests are administered by ETS (English Testing Service). There is a possible, alternative test equivalent to the English tests. This test, known as the MELAB, is offered only in the U.S. and Canada. The MELAB is discussed in detail below.
The timing of the test taking can be significant. If an individual passes only one of either the CGFNS or TOEFL, the "pass" is valid for two years. If an individual passes both the CGFNS and the TOEFL, s/he receives a CGFNS certificate, which is valid indefinitely.
In addition to this process, the nurse must apply for the Visa Screen certification, which includes a credential check. The credential check requires that the individual hold a full and unrestricted nursing license in the original state or country. Additionally, s/he must demonstrate completion of a nursing program equivalent to a U.S. nursing program.
The CGFNS exam is graded as Pass/Fail. The required passing score for the written TOEFL is 540; the passing score for the computerized version is 207. For the TWE and TSE the passing scores are 4.0 and 50 respectively. Exceptions to the TOEFL exist for nurses whose native language is English AND who obtained their education in the English language from the U.S., UK, Ireland, Canada (not Quebec), Australia, or New Zealand. Note that in order to be considered a country's native language, English must be one of the country's official languages. It is not enough to have been taught in English throughout the majority of one's educational training.
All of these tests can be taken at centers outside of the U.S. Once the individual has passed the required tests, the I-140 can be approved. The nurse will then process though a U.S. consulate for an immigrant visa and, thereafter, be admitted to the U.S. as a permanent resident. After arrival, s/he will need to take the state licensing exam to obtain a state license to work as an RN.
Within the U.S.
Nurses in the U.S. who were educated abroad can apply for the Visa Screen using the same method as nurses outside of the U.S. Alternatively, it is possible to take a nurse-licensing exam in any jurisdiction in the U.S. which includes the NCLEX-RN exam. The NCLEX-RN portion of the state-licensing examination is only offered in the United States. If the nurse is required to take the English tests, the MELAB exam can be substituted. Statistically, the TSE has been the hardest part of the three required English tests for foreign nurses. The MELAB exam (only offered in the United States and Canada) offers a more user-friendly testing format and has a much higher pass rate, especially for the TSE portion of the English tests. To pass this exam, one must score at least 70 on the written portion and a 3+ in the oral interview. If possible, this should be considered as a viable alternative option.
Nurses in the U.S. do not have to wait for the certification from Visa Screen to apply for the I-140/I-485. For persons legally in the U.S., these two steps can be filed together. The filings can be made and supplemented with the certification approvals, once received. The INS will not issue final approval on the I-485 without the Visa Screen. Therefore, the Visa Screen is necessary in order to obtain permanent residence.
In summary, for nurses who have the proper credentials and skills, the option of obtaining permanent residence through a job offer remains viable and they are in high demand today.© The Law Office of Sheela Murthy, P.C.
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