Foreign Nurses And Green Card Application

 

2/11/2004

Many foreign nationals are enrolled in U.S. nursing schools. The demand for qualified, licensed RNs continues to be high and employment options for nurses are plentiful nationwide. Each nursing graduate must obtain a state license to practice as an RN (registered nurse).

Foreign nationals have the additional requirement of obtaining the appropriate immigration status, as well. It is easier for foreign-national nurses who earn their degrees in the U.S. to obtain immigration-related permission to work in the U.S. than it is for nurses who are educated abroad. There are several points the RN graduates must keep in mind when seeking employment. These include acquiring: (1) timely and appropriate work-authorized status; (2) the necessary state licensure; and (3) a job offer from an employer willing to sponsor the nurse for an employment-based green card.

As a practical matter, nurses must consider the Optional Practical Training (OPT) following graduation from a U.S. nursing school. Most foreign students, who enroll in nursing schools in the U.S., do so on the F-1 student visa.

The nurse must file an application for work authorization within 120 days before the start of employment or within 60 days after the completion of studies. This makes OPT a valuable tool for nurses eligible for this employment authorization.

As a long-term option, nursing graduates recently have found the employment-based green card to be the most attractive alternative. Nurses enjoy preferential treatment from the Department of Labor (DOL), which has placed the profession on the short list of “Schedule A” labor shortage occupations.

This means that nurses have an enormous advantage over other professionals, in that they are not required to undertake the lengthy and difficult labor certification process through the DOL prior to filing for a green card with the BCIS.

 

 

 

 

 


 


 

 

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