Law Office of Vivian Wang - Nurses and Physical Therapists

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The shortage of qualified medical professionals in the United States has created special opportunities for nurses and physical therapists. These two occupations are listed in Schedule A. Schedule A is a list of occupations for which the U.S. Department of Labor has determined that there is an insufficient number of U.S. workers who are able, willing, qualified and available. Inclusion on Schedule A also establishes that the employment of foreign workers in such occupations will not adversely affect the wages and working conditions of U.S. workers similarly employed. The advantage of being on Schedule A is that the foreign worker can obtain a green card without first having to go through the entire labor certification process.

Nurses

Overview

Professional nurses educated in the United States or abroad are listed as shortage, or “Schedule A”, occupations in regulations (20 C.F.R. §656.22) issued by the Department of Labor. An employer who wishes to immigrate a RN is exempt from having to submit an application for alien labor certification. The employer submits an immigrant visa petition (Form I-140) directly to the Citizenship and Immigration Services (CIS) having jurisdiction over the nurse’s place of intended employment.

A Nurse's Must-Have Qualifications

A diploma from a nursing school in her country
An RN license in her country; and
A full and unrestricted license to practice professional nursing in the state of intended employment, OR a certification that she has passed the examination given by the Commission on Graduates of Foreign Nursing Schools (CGFNS).

If the RN is in the United States: she may take the state licensing examination (National Council Licensure Examination for Registered Nurses or "NCLEX-RN"). Generally, the NCLEX-RN may only be taken in the U.S., although it is also offered in Guam, Saipan, the Virgin Islands, Puerto Rico and American Samoa. For more information about taking the NCLEX-RN, consult the National Council of State Boards of Nursing. The specific state licensing requirements can be found at the same web site.

Steps

The employer must submit an immigrant visa petition to the appropriate CIS Service Center on behalf of the nurse.
If the nurse is in US, assuming priority date is current, RN and her family members (spouse and unmarried children under 21) may apply for adjustment of status to permanent residence (I-485). Simultaneously, they may apply for employment authorization cards.
If the nurse is abroad, CIS first sends the approved visa petition to the National Visa Center (NVC). If the priority date is current, NVC forwards a packet to the nurse or her attorney containing various documents to prepare and complete. Finally, the nurse will have her interview for permanent residence at the US consulate in her country.

VisaScreen Certificate

A nurse can not qualify for permanent residence until she presents a VisaScreen Certificate:

The §343 VisaScreen Certificate requirement makes "uncertified health-care workers" inadmissible to the U.S. A VisaScreen Certificate is issued only after the RN has demonstrated that (1) her education, license and training in her country are equivalent to education, licensure and training in the U.S. and that (2) her level of competence in oral and written English are appropriate to practice professional nursing in the U.S.

Check the Commission on Graduates of Foreign Nursing Schools (CGFNS) website for further information.

In addition, unless the nurse was educated in an English-speaking country (U.S., Australia, New Zealand, Ireland, United Kingdom or Canada - all provinces except Quebec), she must pass TOEFL (Test Of English As A Foreign Language), TSE (Test of Spoken English) or MELAB (Michigan English Language Assessment Battery) in order to qualify for a VisaScreen certificate.

Physical Therapists

Overview

Physical therapists are listed as shortage, or "Schedule A", occupations in regulations (20 C.F.R. §656.22) issued by the Department of Labor. An employer who wishes to immigrate a physical therapist is exempt from having to submit an application for alien labor certification. The employer submits an immigrant visa petition (Form I-140) directly to the Citizenship and Immigration Services (CIS) having jurisdiction over the nurse’s place of intended employment.

A Physical Therapist's Must-Have Qualifications

A "physical therapist" is defined as a person who applies the art and science of physical therapy to the treatment of patients with disabilities, disorders and injuries to relieve pain, develop or restore function, and maintain performance. The physical therapist uses physical means such as exercise, massage, heat, water, light, and electricity, as prescribed by a physician or surgeon.

To qualify for Schedule A processing, a physical therapist must possess all the qualifications necessary to take the physical therapist licensing examination in the state in which he or she proposes to practice physical therapy.

Steps

The employer must submit an immigrant visa petition to the appropriate CIS Service Center on behalf of the physical therapist.
If the physical therapist is in the U.S., assuming priority date is current, she and her family members (spouse and unmarried children under 21) may apply for adjustment of status to permanent residence (I-485). Simultaneously, they may apply for employment authorization cards.
If the physical therapist is abroad, CIS first sends the approved visa petition to the National Visa Center (NVC). If the priority date is current, NVC forwards a packet to the physical therapist or her attorney containing various documents to prepare and complete. Finally, she will have her interview for permanent residence at the US consulate in her country.

DISCLAIMER: Information contained on this site is intended to educate the general public only and does not constitute legal advice. Readers are encouraged to seek advice and counsel from a law firm with experience in immigration and nationality law.