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The Department of Labor has determined that the profession of nursing is experiencing a chronic shortage of workers. Therefore, nurses who have passed the Commission on Graduates of Foreign Nursing Schools (CGFNS) Examination or who possess an unrestricted license to practice nursing in the state in which they intend to work are eligible to seek “Schedule A” Labor Certification.

Registered Nurses (RNs) are treated in very special ways by U.S. immigration laws. This is because the occupation is a “Schedule A” occupation, meaning it has already been certified by the Department of Labor. This makes the process much shorter than for categories that do require a labor certification. If you are in the U.S. on proper legal status, the visa petition and visa application can be filed directly with the U.S. Citizenship and Immigration Services (CIS). If you are abroad, you can apply for the Green Card once the visa petition has been approved by CIS.

You cannot apply for an H1C nurse visa as an individual. A U.S. Hospital or Medical Facility has to sponsor your H1C visa. To sponsor you, the employer must file an attestation with the Department of Labor, and submit a petition with the USCIS. Based on the H1C petition approval, you may apply for the H1C nurse visa or a change of nonimmigrant status.
Generally, the process of obtaining permanent residence may take between 12 to 18 months

Criteria for Determining Employee's Eligibility

-To qualify for the H1C nurse visa:
-You must have a full and unrestricted license to practice professional nursing in the country where you obtained your nursing education, or have received nursing education in the U.S.
-You must have passed an appropriate examination, or have a full and unrestricted license to practice as a registered nurse in the state of intended employment
-You must be fully qualified and eligible under the state laws and regulations of the state of intended employment to practice as a registered nurse immediately upon admission to the U.S.
-You must obtain a certified statement from the Commission on Graduates of Foreign Nursing Schools (CGFNS), or from an independent credentialing organization approved by the Attorney General and the DHHS, and passing the National Council Licensure Examination for Registered Nurses (NCLEX-RN)
-You have to have a valid job offer from a U.S. based employer.

What is the CGFNS exam?
The CGFNS examination is an assessment of the candidate's probability of success on the U.S. NCLEX-RN licensing examination.

What is the NCLEX-RN?
The NCLEX-RN is the examination that registered nurses are required to pass in order to obtain a nursing license in the U.S. This examination is currently only available in the U.S.

Registered Nurse Visas are granted for an initial period of a 3-year stay in the United States. No further extensions are possible under this category. However, applicants can extend their stay by applying for another visa or certain applicants can be eligible for permanent residence through employment.

Spouses and unmarried children under the age of 21 who wish to accompany or join the visa holder in the United States may obtain the relevant derivative visa. This will a low spouses and children to study in private or public schools in the United States without the need to obtain a Study Visa.






 

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