As with many medical professions, there is a substantial demand for registered nurses in the United States. Many employers look to foreign-trained nurses to fill this demand. We discuss the most common work U.S. visa options for foreign nurses here.
What are the US Work Visa Options for Nurses?
Foreign nurses have various US work visa options to consider, depending on their nationality. The TN visa is a straightforward choice for Canadian and Mexican citizens, allowing them to work in the United States under the NAFTA agreement. Australian citizens can apply for the E-3 visa, specifically for Australian nationals seeking employment in specialty occupations. Additionally, nurses from other countries can explore the H-1B visa, designed for professionals in specialty fields. However, this route is often more competitive due to the annual cap on available visas. Each visa type has specific requirements and application processes, making it essential for nurses to understand which option best aligns with their qualifications and career goals.
TN Visa Status for Canadian and Mexican Nurses
The TN visa status, part of the U.S.-Mexico-Canada Agreement (USMCA), offers a valuable opportunity for Canadian and Mexican nurses to work in the United States. This visa is exclusively available to citizens of Canada and Mexico, allowing them to practice their profession in the U.S. under specific conditions. It’s important to note that only citizens are eligible for the TN visa; permanent residents do not qualify. The application process is relatively streamlined for Canadian citizens, who can apply at the border or pre-clearance locations. In contrast, Mexican citizens must secure their visa through a U.S. consulate. This visa status provides a straightforward pathway for qualified nurses, facilitating their entry into the U.S. healthcare system and addressing critical workforce needs.
H-1B Visa Status for Foreign Nurses
The H-1B visa status is another viable option for foreign nurses seeking employment in the United States, though it comes with strict guidelines and challenges. The U.S. Citizenship and Immigration Services (USCIS) mandates that H-1B visa applicants must have a minimum of a bachelor’s degree to qualify, posing a hurdle since the USCIS does not consider a bachelor’s degree a standard requirement for registered nurses. Consequently, only nursing positions classified as specialty occupations—such as advanced practice registered nurses (APRNs), clinical nurse specialists, nurse practitioners, and nurse anesthetists—are eligible for the H-1B visa. These roles typically require advanced degrees and specialized skills, meeting the criteria set by the USCIS. As a result, while the H-1B visa can provide a pathway for highly qualified nurses to work in the U.S., it is generally more challenging to obtain than other visa options.
E-3 Visa Status for Australian Nurses
The E-3 visa offers a unique opportunity for Australian nurses to work in the United States, but it comes with specific requirements. To qualify, the nurse must be an Australian national and have a legitimate offer of employment in the U.S. Additionally, the applicant must possess the necessary academic or professional credentials and be employed in a position that qualifies as a specialty occupation. This visa allows the holder to stay and work in the U.S. for an initial two years, possibly extending the stay in two-year increments. With some exceptions, the E-3 visa can be renewed indefinitely, providing a flexible and long-term option for Australian nurses in specialized roles within the U.S. healthcare system.
US Permanent Residence (Green Card) for Nurses
To obtain an immigrant visa, a Schedule A Labor Certification is necessary. Since the Department of Labor considers registered nursing to be an area of a chronic shortage of workers, foreign nationals who have passed the Commission on Graduates of Foreign Nursing Schools Examination (CGFNSE) or have an unrestricted license to practice nursing in the state in which they intend to work are eligible to seek a Schedule A labor certification. Schedule A is beneficial because the nursing position essentially becomes pre-certified. After all, no application must be filed with the Department of Labor. Instead, the application for alien labor certification (Form ETA-750A) and the Immigrant Petition for Alien Worker (Form I-140) can be filed at the same time with the United States Citizenship and Immigration Service (USCIS).
The H-1C Visa
The H-1C visa was explicitly designed for foreign nurses to address the critical shortage of qualified nurses in underserved areas of the United States. This visa was available from 1999 until its expiration on December 20, 2009. It allowed eligible nurses to work in health professional shortage areas, providing much-needed services in hospitals that struggled to meet staffing needs. Despite its utility, the H-1C visa classification was not renewed or extended, and it is no longer an option for foreign nurses seeking employment in the U.S. today. This expiration has increased reliance on other visa categories, such as the H-1B and TN visas, for bringing foreign nurses into the country.
Conclusion
In conclusion, while the demand for registered nurses in the United States remains high, foreign-trained nurses have several pathways to pursue employment in the U.S. through various visa options. Canadian and Mexican nurses can benefit from the TN visa under the USMCA agreement, while Australian nurses have the E-3 visa tailored explicitly to them. The H-1B visa, although more challenging due to strict requirements and limited availability, offers another route for those in specialized nursing roles. Additionally, the now-expired H-1C visa previously provided opportunities for nurses in underserved areas, underscoring the evolving nature of immigration policies in response to healthcare needs. For those seeking permanent residency, the Schedule A labor certification offers a streamlined process, reflecting the ongoing need for skilled nursing professionals in the U.S. Understanding these visa options is crucial for foreign nurses to align their qualifications with the appropriate visa category, ensuring a smoother transition into the U.S. healthcare system.
Citations
- 9 FAM 402.17 USMCA PROFESSIONALS – TN AND TD VISAS
- H-1B Specialty Occupations
- E-3 Specialty Occupation Workers from Australia
- Health Care Worker Certification
We Can Help!
You may have questions regarding visa requirements for Nurses. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
