Making The Way For Foreign Nurses
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While all types of jobs are important, U.S. immigration law prioritizes the need for foreign nurses. Â In doing so, the U.S. provides various options for foreign nurses to obtain temporary work visas and permanent residence here in the U.S. Â A nationwide shortage of nurses has encouraged the U.S. to incentivize more foreign nurses to provide their expertise here. Â An immigration attorney can give you more information about how you as a foreign nurse, or as a representative of a business who wishes to hire a foreign nurse should proceed to take full advantage of these rules. Â
The H-1B Visa
In order to work in the U.S. temporarily, a foreign nurse will need to obtain an H-1B visa; a popular temporary work visa for foreign nationals with job offers for positions that the U.S. considers “specialty occupations.”  The starting point for an application for an H-1B visa would be to file an I-129 petition with USCIS (the United States Citizenship and Immigration Services).  The burden would be on the potential employer to show that the nursing position is a “specialty occupation.”  This is a four-part test that includes factors such as:
- Does the position require a minimum of a bachelor’s degree or higher?
- Is the degree requirement for the job common to the industry or is the job itself so complex that it requires a degree?
- Does this specific employer usually require a degree for the position?
- Does the nature of the duties performed in the position correlate with the attainment of a degree (Bachelor’s or higher)?
The employer would only have to show that one of these is met.  It is not enough to simply show that the prospective employee has a bachelor’s or master’s degree; you must show that the job requires one.  For nursing positions that require shorter certifications without a bachelor’s degree, it will be difficult for an employer to prove that it is a “specialized occupation.”
Green Card Eligibility
In the U.S. a foreign nurse’s employer can also sponsor them for a green card, but only after first offering the nurse a full-time, permanent nurse position.  After this, the employer would complete the labor certification process (PERM), which is different for nursing positions than for others.  With regard to this process, a nursing position is a “Schedule A” position, meaning that it has been recognized in the U.S. as a position that we need more workers for.  This label allows an employer to skip a few steps that are usually required for the labor certification process:
- Employers do not have to post advertisements for schedule A positions
- Employers file the ETA Form 9089 with the USCIS and not the Department of Labor, which process non schedule A forms. Â
After the 9089 form was approved, the employer can file the I-140 petition and the foreign nurse can then get a green card so long as no wait has been imposed.
Discuss Your Legal Options With A Green Card Attorney Chicago
While it may seem difficult determining how to properly hire a foreign nurse here in the United States, it does not have to be. Â Kriezelman Burton & Associates knows how to best ensure that a foreign nurse or other foreign worker is able to be properly admitted into the U.S. to do their job. Â Contact us today for help ensuring that the process is done as efficiently and correctly as possible.
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