Immigrant and Nonimmigrant Options for Nurses

The United States has a shortage of registered nurses, which has increased the demand for foreign nurses. For a U.S. healthcare employer seeking to hire a foreign nurse or a foreign nurse seeking options for working in the U.S., this article provides an overview of immigrant and nonimmigrant options that may be available to a foreign nurse.

General Requirements for Nurses Educated Abroad

In general, a foreign national must meet certain requirements to work as a nurse in the U.S., regardless of whether applying as a nonimmigrant worker or for a green card. The individual must obtain a certification verifying an education that is comparable to a U.S. nursing education, a professional nursing license that is valid and without restrictions, and proficiency in oral and written English. Additionally, the individual will be required to pass the NCLEX-RN exam and to meet all criteria required by the specific state in which the nurse intends to work.

“Schedule A” Allows Employers to Bypass Normal PERM Process

An employer sponsoring a foreign national in the employment-based second or third preference (EB2/EB3) typically must file a PERM labor certification with the U.S. Department of Labor (DOL) before filing the I-140 immigrant petition with the U.S. Citizenship and Immigration Services (USCIS). But for a “Schedule A” occupation, which includes nurses and physical therapists, the DOL has determined a shortage of qualified U.S. workers exists, allowing employers to bypass DOL review and submit directly to the USCIS the uncertified PERM with the I-140 petition.

H1B Nonimmigrant Visa Only an Option for Some

H1B is a common nonimmigrant visa category that allows a foreign worker to come to the U.S. and work in a “specialty occupation.” Key to a position’s being considered a specialty occupation, is that it must require the attainment of a bachelor’s degree or higher in a specific specialty as a minimum for entry.

A typical registered nurse position is not considered a specialty occupation because the minimum education requirement is an associate’s degree. There are exceptions to this, however, such as a hospital with a magnet recognition program certified by the American Nurses Credentialing Center (ANCC), because these programs require a nurse to have a bachelor’s degree. Similarly, an advance practice registered nurse, nurse practitioner, nurse anesthetist, or another nursing specialty is also likely a specialty occupation.

TN Visa for Mexican and Canadian Nurses

Under the U.S.-Mexico-Canada Agreement (USMCA), qualifying Canadian and Mexican nationals can work in the U.S. in a wide range of positions under the USMCA professionals (TN) classification, as explained in the MurthyDotCom InfoArticle, TN Status: Employment Option for Canadian and Mexican Citizens (04.Oct.2021). A registered nurse is a qualifying position under the USMCA, as long as the individual possesses a state or provincial license or a licenciatura degree.

Conclusion

A foreign nurse may have both immigrant and nonimmigrant options available for working in the U.S. Anyone interested in exploring the best path forward for hiring a foreign nurse or other employee is encouraged to schedule a consultation with an experienced attorney at the Murthy Law Firm.

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