Immigration laws recognize that there is a shortage of nurses and physical therapists in the United States, and they are deemed to be schedule A professionals. Therefore, nurses and physical therapists do not need to perform the traditional test of the labor market required of most other positions. As long as a nurse or physical therapist has an employer who wishes to sponsor them for permanent residency they may file a visa petition directly with USCIS and bypass the Labor Certification process. Nevertheless, certain requirements must be met before nurses can move forward with their petitions.
Nurses are required to be fully licensed or able to become fully licensed in the United States prior to beginning the visa petition process.
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