As the demand for nurses in the United States increases, many employers look to foreign nurses to meet the demand, including Australian citizens. Due to trade agreements between the United States and Australia, qualifying Australian nurses can obtain an E-3 visa status to work in the United States. The E-3 visa is available to nurses in qualifying specialty positions. We explain which nursing positions qualify for E-3 visa status here.
Do nurses qualify for E-3 visa status?
U.S. Citizenship and Immigration Services (USCIS) has taken a strong stance on non-immigrant visa status for nurses limiting which nursing positions can qualify for a visa. Both the H-1B visa and E-3 visa have the same qualifying criteria. Therefore E-3 visa status for nurses follows the same guidance from USCIS for H-1B visas for nurses. Under guidance from USCIS, the majority of registered nurse positions do not qualify for H-1B or therefore E-3 visa status as the profession generally does not normally require a U.S. bachelor’s degree or higher in nursing. This does not mean that all nursing professions are eliminated from E-3 visa status. Management-level or advanced-level nursing professionals can still and do qualify for E-3 visa status as these roles typically require a U.S. bachelor’s degree or higher.
What nursing positions qualify for E-3 visa status?
Nursing positions that require at least a U.S. bachelor’s degree or higher and can qualify for E-3 visa status. These positions are more advanced than the typical entry-level nursing position and therefore require advanced education and training. For example:
- Addiction Nurse
- Cardiovascular Nurse
- Critical Care Nurse
- Emergency Room Nurse
- Genetics Nurse
- Neonatology Nurse
- Nephrology Nurse
- Oncology Nurse
- Pediatric Nurse
- Peri-operative (Operating Room) Nurse
- Rehabilitation Nurse
- Advanced Practice Registered Nurses
- Certified Nurse-Midwife (CNM)
- Certified Clinical Nurse Specialist (CNS)
- Certified Nurse Practitioner (CNP)
- Certified Registered Nurse Anesthetist (CRNA)
Evidence to Support a Nursing Position as an E-3 Visa Position
For a nursing position to qualify for E-3 visa status, the petitioner must show by a preponderance of the evidence that the position qualifies as a specialty occupation (Requiring at least a 4-year degree for entry into the profession). USCIS looks at several different factors when determining whether or not a nursing position qualifies for E-3 visa status including:
- The Nature of the petitioner’s business.
- Industry practices.
- A detailed description of the duties to be performed within the petitioner’s business operations.
- Advanced certification requirements.
- ANCC Magnet Recognized Status.
- Clinical experience requirements.
- Training in the specialty requirements.
- Wage rate relative to others within the occupation.
How do I obtain an E-3 visa as a Nurse?
After you have made the determination that your nursing position qualifies for E-3 visa status, then it is possible to obtain an E-3 visa either by filing directly with USCIS if you are legally inside the United States or with your local U.S. Embassy or Consulate if you are outside the US. We discuss working in the US on an E-3 Visa, here.
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The US immigration lawyers at Richards and Jurusik Immigration Law have more than 30+ years of experience helping Australian Nurses to obtain E-3 Visa status to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today for an assessment of your legal situation.
