H1-B & EB-3 Visas_Nurses and Physical Therapists

Visas for Certain Types of Nurses and Licensed Physical Therapists
Nurses and Physical Therapists, depending on their experience and other factors, maybe eligible for either, H1-B or an EB-3 visa. In some limited circumstances an EB-2 is possible if the nursing position requires an advanced degree; or a L-1 if the applicant is a manager, executive, or specialized employee of multinational companies. A TN visa may also be available for nurses from Mexico and Canada. The U.S. government understands that there is a need for qualified nurses, so in an attempt to attract nurses to the U.S., there are two main visas available to qualified nurses.
Firstly, there is the H-1B non-immigrant visa which is available to nursing positions that require a degree. The H-1B process runs on a cyclical basis and there is a quota attached to this visa category.
Secondly, nurses may apply for permanent residence (green card) through the EB-3 Visa, which are available to so-called ‘skilled workers’ who can demonstrate at least two years job experience, education or training, or individuals with a university degree and one year experience.

THE H1-B VISA

Requirements
In order to obtain a H-1B, an employer is required to demonstrate that the nursing position is in a ‘specialty occupation’. When submitting a visa petition, the USCIS will examine the paperwork to determine if one or more of the following criteria are met:
  • A bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position; the required degree must be related to the position to be filled.
  • The degree requirement is common to the industry, or in the alternative, the position is so complex or unique that it can be performed only by an individual with a degree.
  • The employer normally requires a degree or its equivalent for the position.
  • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

It may be difficult to obtain a H1-B as a registered nurse (RN), because this position does not require a degree, however, if an employer is hiring the individual as a ‘clinical nurse’ or ‘nurse practitioner’, almost every state requires at least a bachelor's degree for these positions, thus the individual would qualify for a H1-B.
The following are some advanced nursing positions that may be acceptable:
  • Clinical Nurse Specialists (CNS): - Acute Care, Adult, Critical Care, Gerontological, Family, Hospice and Palliative Care, Neonatal, Pediatric, Psychiatric and Mental Health-Adult, Psychiatric and Mental Health-Child, and Women’s Health.
  • Nurse Practitioner Category (NP): - Acute Care, Adult, Family, Gerontological, Pediatric, Psychiatric & Mental Health, Neonatal, and Women’s Health.
  • Certified Registered Nurse Anesthetist (CRNA); and,
  • Certified Nurse-Midwife (CNM).

THE EB-3 VISA

FOREIGN NURSES AND PERMANENT RESIDENCE
If an employer is willing to offer a full time, permanent nursing position and complete the labor certification process, a nurse may be able to obtain a green card. As there is a shortage of qualified nurses, in America, the government has included nurses in its ‘Schedule A’. For Applicants this essentially means a quicker method of obtaining permanent residence, as they are pre-certified by the DOL.
The following occupations comprise Schedule A:
  • Group I – physical therapists and professional nurses; and
  • Group II – immigrants of exceptional ability in the sciences or arts, including college and university teachers, and immigrants of exceptional ability in the performing arts.

A foreign nurse can obtain a visa under Schedule A, if the Applicant has:
  • A nursing diploma, degree or license from their home country; or,
  • An unrestricted license in a state of intended employment; or,
  • A certification that they have passed either
    1. the the ‘National Council Licensure Examination’ (NCLEX-RN/PN) (But is unable to obtain a license for the lack of a social security number), or,
    2. the exam given by the ‘Commission on Graduates of Foreign Nursing Schools’ (CGFNS), and,
  • A ‘Visa Screen’ Certificate.
PHYSICAL THERAPISTS AND PERMANENT RESIDENCE
As with nurses, there is also a great need for physical therapists in the U.S., thus qualified Applicants can also obtain permanent residence.
The physical therapist should hold:
  • A bachelor’s degree in physical therapy or the equivalent; and
  • A license to practice in his or her state of intended employment; or,
  • A letter from a state licensing agency stating that the Applicant is qualified to take the state licensing examination.

It should be noted that the majority of physical therapist positions require graduate school, and the U.S. government’s website, ‘O*NET’ classifies physical therapists as a ‘job zone five’ with ‘extensive preparation needed.’ Also, depending on the state where the physical therapist will practice, these occupations may require a master’s degree, and some require an Applicant to hold a Doctor of Physical Therapy (DPT). It follows that physical therapist positions can be properly considered under the advanced degree professional classification, if the employer can show that the position requires an advanced degree.
Call Now Button