Ways to Enter USA
After you have passed the necessary exams (usually
the Commission on Graduates of Foreign Nursing Schools
exam CGFNS) and have been licensed by the appropriate
state agency, they will need to take the National Council
Licensing Exam (NCLEX).
The NCLEX is typically taken after the nurses arrive
in the U.S. with their immigration visas, but it is
possible to enter the U.S. to take the NCLEX on a visitor
visa (B-1 or B-2), and then return to the home country
and wait for a green card or work visa to be approved.
Most health care professionals, including nurses, will
also need to complete a screening program verifying
their credentials in order to qualify for certain occupational
visas.
I-140 - Employment-based
Permanent Residency (Green Card)
The immigration method with the fewest requirements
on the nurse and employer is to apply for an employment-based
green card. This allows a nurse to work in the U.S.
indefinitely, as long as the green card is renewed every
ten years.
Nursing is one of the few professions that does not
require a labor certification to be filed before applying
for an I-140 (unlike physicians), so I-140`s can be
approved in three to six months.
H-1B - For Positions
Requiring at Least a Bachelor`s Degree
The H-1B visa can be used to hire skilled professionals
that have at least a bachelor`s degree and are filling
a position that requires the same level of education.
Most registered nurses and nursing jobs do not meet
this requirement, but if the US employer is hiring foreign
nurses for supervisory or management positions, or for
subspecialty areas that require a bachelor`s degree,
an H-1B might be an option.
Additionally, if your facility hires nurses with bachelor`s
degrees almost exclusively, it is possible to make a
case for using the H-1B to bring in international nursing
talent.
Depending on where your facility is located, approval
of an H-1B visa can take anywhere from two to six months.
H-1B`s last for three years, and can be renewed for
another three.
Read more on:
Difficulties in Obtaining H1B Status for RNs
Who is the employer when a consulting company sponsors
the H1B visa?
Can a consulting company hire nurses on an H1B Visa
stating that the minimum requirement for the job is
an bachelor's?
See if you qualify for an H-1B
TN - For Canadian
or Mexican Nurses
Registered nurses who are Canadian or Mexican citizens
can work in the U.S. on the TN visa, as long as they
have a state or provincial nursing license. The TN visa
typically takes from one to six weeks to approve, and
is good for one year. It may be renewed in yearly increments
an unlimited number of times.
H-1C - For Facilities
in Underserved Areas
The H-1C visa was created in 1999 specifically for hospitals
in areas with low primary care physicians-to-patient
ratios, typically in rural or inner-city locations.
Facilities must meet additional stringent standards,
so stringent, in fact, that the U.S. Department of Labor
identified only 14 hospitals that qualified to hire
nurses on H-1C visas. These 14 hospitals face additional
restrictions: only 500 H-1C visas will be issued each
year by the INS, and the program limits the number of
H-1C`s issued in each state to either 25 or 50, depending
on the state population.
H-1C visas are valid for three years, and usually take
two to six months to approve.
Back to Top
What is an H1B visa
The foreign worker:
A nonimmigrant in the H-1B category is an alien who
is coming temporarily to the U.S. to perform services
in a "specialty occupation". The alien is qualified
through the appropriate degree, or through a combination
of education and experience equivalent to that degree.
The worker may be entering the U.S. for the first time
or may already be working in the U.S., but pursuing
a change of employer.
The foreign worker must prove that he or she is qualified
for the specialty occupation and the particular job
offered. One method is to obtain a credentials evaluation
of their foreign university degree, to show that it
is equivalent to that of a U.S. degree.
If the worker is already in the U.S. and holds a valid
nonimmigrant status, the H-1B visa can be extended and
revalidated in the U.S. If, on the other hand, the worker
is not in lawful status, or resides abroad, the H-1B
visa must be obtained through a U.S. Consulate.
Since the H-1B visa is considered a temporary visa,
there is a limitation on periods of stay. The initial
periods of stay may be approved for up to 3 years (usually
depending on the occupation and/or the needs of the
employer). And after that, another 3 years are available,
by filing forms for and extension of stay. After the
six years, the worker must spend one year outside the
U.S. before being entitled to another H-1B visa. However,
many workers take steps to obtain permanent residence
(the Green Card) during their initial stay.
Dependents of H-1B workers (spouses and children under
21) may be granted an H-4 visa. Dependents with an H-4
visa are not permitted to work in the U.S.
The employer of a foreign worker:
To qualify as a U.S. employer, the employer must have
a U.S. taxpayer identification number.
When hiring an H-1B worker, the employer must file
a Labor Condition Application (LCA) with the Department
of Labor (DOL). This application requires the employer
to describe the position and the salary, as well as
attest to facts concerning the wage, working conditions,
labor conditions and the giving of notice of the employment.
Once the LCA is approved, the employer then submits
an I-129 Petition for nonimmigrant worker, along with
related forms and supporting documents, to the Immigration
and Naturalization Service (INS). This form documents
that the job requires the services of a person in a
"specialty occupation", and provides documentation that
the worker does, indeed, qualify for the job offered.
The employer of an H-1B worker has certain responsibilities
to meet. Once the I-129 is approved, the employer must
maintain wage and hour records, as well as information
concerning working conditions for similarly situated
employees. Upon request, these records must be provided
to DOL's Wage and Hour Division. If the appropriate
records are not maintained, the employer could be liable
for substantial penalties and fines, even lose the right
to apply for immigrant and nonimmigrant visas for up
to one year.
If the worker is terminated any time during the approved
period of stay on the I-129, the employer is responsible
for paying for the worker's return transportation to
his or her foreign residence.
Back
to Top
What are the steps and
the time involved in the H-1B process?
Answer: Approximately 6 - 10 weeks, if all goes well!
As soon as the prospective employer suspects they will
be hiring a new foreign worker, or need to extend an
H-1B visa, the completion of the Prevailing Wage Determination
and Labor Condition Application can begin. Depending
on the state, obtaining the Prevailing Wage Determination
varies in difficulty and time involved (from a few days
to 2 weeks or more).
In order to begin the Prevailing Wage Determination
and the Labor Condition Application, we will need the
following information:
- Kind of the profession
- Job title and requirements (educational & experience)
for the job
- Salary to be paid
- Employer's name and address
- The physical address where the foreign worker will
actually perform the job
- Type of setting where job will be performed
What information/documentation is required to begin
the processing of an H-1B visa?
1. Information/Documentation needed from the foreign
worker ‚ this is what we need from the foreign worker
in order to process his/her H-1B visa. There may be
items that the foreign worker does not have or is not
familiar with. Those items are not applicable and can
be ignored/skipped.
If Spouse and Children are residing in the U.S. at
the time we file for the foreign worker's H-1B visa:
items listed are needed in order to process their H-4
visas.
If Spouse and Children are overseas when we file the
H-1B, there is not paperwork for us to file here in
the U.S. Spouse and Children must appear at a U.S. Embassy
to apply for an H-4 Visa.
2. Information/Documentation needed from the Employer
‚ this is what we need from the employer in order to
process an H-1B visa. Once an employer is established
with us, we only need the information specific for each
potential new employee such as job title, detailed job
description, salary offered, etc.
Once the Prevailing Wage Determination is obtained...the
ETA 9035 - Labor Condition Application (LCA) can be
completed and posted at the work site (to be left up
for 10 consecutive days in two conspicuous places).
As soon as the LCA (or a notice of the filing) has been
posted, we can then file the LCA with the Department
of Labor. In approximately 10 - 14 business days, the
approved (certified) copy of this form will arrive in
our office. We will fax a copy of the filed form to
the employer, with instructions about giving a copy
of the LCA to the (prospective) employee.
As soon as we receive all the information/documentation
from the foreign worker and the employer, and while
we wait for the approved LCA, the paperwork for the
petition can begin. When the all information has been
transferred onto the INS (Immigration and Naturalization
Service) forms, authorized signatures are obtained.
When all forms are signed and the certified LCA arrives,
all is packaged and sent to INS.
Credentials Evaluation (Education/Work):
If an education credentials evaluation was not obtained
as a part of a licensure requirement (as in the rehab
professions), many times, the INS requires that an evaluation
of the foreign workers credentials be performed and
added as supporting documentation to the visa application.
This evaluation is done to make sure that the foreign
worker's degree is equivalent to a U.S. degree. If an
evaluation has not already been completed, we must have
good, readable copies of the foreign worker's degree
certificate(s), transcripts or mark sheets, any professional
development course certificates and translations of
any documents that are not in English.
The more information provided to us, the faster the
education evaluation may be performed. Usually the cost
for an education evaluation is approximately $125.00,
however in some cases it may cost more.
The credentialing process usually takes approximately
2 weeks to complete and is customarily performed at
the same time that the Department of Labor is processing
the LCA. Therefore, the credentialing process normally
does not delay a file.
Approximately 4 - 8 weeks:
In approximately 14 - 21 days after mailing the I-129
Petition to INS, a "Receipt Notice of Action", form
I-797, is received in our office. This means that INS
has received the file and is beginning to process it.
If this notice is not received in at least 21 days after
mailing, we will investigate. If INS is satisfied with
the file, they will send an "Approval Notice of Action",
form I-797, usually within 14 - 36 days of the Receipt
Notice. If we do not hear anything after 36 days, we
will investigate!
Occasionally, between the Receipt Notice and the Approval
Notice, a letter from INS may be received requesting
more information or clarification of a fact. With the
employer's cooperation and/or the cooperation of the
foreign worker, we simply comply with their request.
If this happens, it can delay the process another 10
-14 (or more) days.
Additional information that may be helpful during the
hiring process:
General questions that may be asked of the foreign
workers during an interview to qualify a potential employee's
immigration status.
General immigration terms that may be encountered during
the immigration process.
When the Approval is received - Final Step!
If the foreign worker is residing in the U.S. and has
maintained valid immigration status, he or she may now
go to work for the new employer.
If the foreign worker is outside the U.S., they may
now go to the U.S. Embassy listed on the I-129 Petition
to have the visa issued and stamped, after which, they
may enter the U.S.
Please note that there are many, many situations and
types of visas that a person could experience. The above
information will hopefully give you a brief overview
of the most common things you will need to know before
applying for the H-1B visa. Anytime you have questions
about a particular situation, contact an immigration
attorney.
Back
to Top
What is a Green Card?
Permanent residence status, symbolized to many people
by the so-called "green card", which is actually pink,
confers on foreign nationals the right to live and work
in the U.S. without time limitations.
The two most common ways to obtain permanent residence
is by close family ties to a U.S. citizen or permanent
resident, or through employment with a U.S.-based employer.
For purposes of this discussion, the employment based
visa will be our focus. There are two main phases to
the process.
Phase I: The alien must be sponsored by the employer,
who files a petition with INS to have the alien classified
as a person qualified to immigrate.
Phase II: Once the alien is found qualified to immigrate,
he or she may proceed to apply for permanent resident
status. This can been done through Consular Processing
or by Adjustment of Status.
Once the immigrant visa is issued, the permanent resident
may then travel freely on the visa, and my accept employment
without restrictions. It is not clearly stated, but
we recommend that the foreign worker remain employed
by the sponsoring employer for at least six (6) months
after the visa is issued to show good intent regarding
the employment relationship. The above information has
been taken from immigration related sources, readily
available to the public and should not be conceived
as legal advice or legal direction. Information shown
is greatly condensed. If an H-1B visa is in your future,
be sure to contact an immigration specialist to assist
in the process.
Back
to Top
|
