Overview
Many foreign nurses and F-1 visa nurses are interested in working in the USA, but are unsure of how to get the visa application process started. The first step is to determine which type of visa is best for your unique situation.
The most common type of visa for foreign nurses is the EB-3 Schedule A Designation Visa. To be eligible for this visa, you must have a job offer from a U.S. employer.
Once you have determined which type of visa you need, you can start the application process. The application process for a visa can be long and complicated, so it is important to have all of the necessary documentation in order. If you are a foreign nurse interested in working in the USA, read on for more information on how to get the visa application process started.
Key Points
- Put the information learned to use.
- Start gathering your list of required evidence.
- Follow up-to-date protocols for processing visas.
Here is an overview of the required steps for foreign nurses who want to work in the United States, including information on the different types of visas available, the eligibility requirements, and the application process.
Getting Started
Before beginning the process for an Employment Based Visa as a foreign nurse:
- Complete the Eligibility Requirements Checklists.
- Get a Bona Fide Job Offer from a U.S. Employer.
Who Needs To Be Involved In the USA Visa Application Process For Foreign Nurses?
The application process for those individuals applying for nurse jobs in the U.S. requires the mandatory participation of only two parties which are:
- A U.S. Based Employer (Petitioner).
- A Registered Nurse (Beneficiary).
Prior to the introduction of the Healthcare Resilience Act, the application process required the validation from the Department of Labor (DOL) with regards to providing a Permanent Labor Certification. This is no longer needed; however the DOL form must still be submitted to the USCIS without participation of the DOL.
Optional Signatures
When applying for an employment based visa, the petitioner may delegate responsibility to other individuals for completing the application process.
Instances whereas additional persons may assist with the completion of a petition the usual profiles include:
- An Attorney
- An Accredited Representative
- An Interpreter
- A Preparer
It is prudent for any signatory to carefully read a form’s instructions before submitting paperwork to any federal agency. Employers that have agents or attorneys representing them throughout the immigration process must sign the statement on the Application for Permanent Employment Certification form accepting full responsibility for the accuracy of any representations along with the attorney or agent when applicable.[i]
When applying for a US work visa, you will need to involve different people and take a variety of actions. The most important thing is to make sure that you have all of the necessary paperwork in order and that you submit it to the correct office. You will need to collaborate closely with your employer and recruiter if applicable. Once you have done what is required everything is just a process as you will be able to start working in the US.
What Steps Need to Be Taken to Kickstart the USA Visa Application Process For Foreign Nurses??
Step #1: Employer Responsibilities
The first action of the two-part process is for the petitioner to submit all of their eligibility requirements checklist.
Step #2: Foreign Nurse Responsibilities
The second action is for the beneficiary to submit their eligibility requirements checklist to the petitioner.
A. Rules for Workers in the US
If the non-citizen worker is in the United States, they may file a Form I-485, Application to Register Permanent Residence or Adjust Status. It is only upon the filing of an I-485 that the health care worker certification is required and will be used to determine admissibility for adjustment of status.
B. Rules for Workers Outside The US
If the non-citizen worker is living outside the United States, USCIS will send the approved petition to the Department of State’s (DOS) National Visa Center (NVC), where it will remain until an immigrant visa number is available. The non-citizen worker must present the health care certification to the consular officer at the time the visa is issued.
How the Visa Approval Process Works
The USCIS will review and consider the employer’s ability to pay the offered wage. Other items for review are your qualifications, level of education, experience, licensure requirements, and training as outlined in the job opportunity. This is the usual requirement of the labor certification by the U.S. Department of Labor to determine how well your profile aligns with the preference category of Schedule A Group I requirements.
How to File
Your Employer Must:
- Read the instructions before completing and signing Form I-140, Immigrant Petition for Alien Workers;
- Submit an un-certified ETA Form 9089 directly to the USCIS,
- Pay the filing fees,
- Provide all initial evidence and supporting documentation for the beneficiary.
- Demonstrate the ability to pay the offered wage.
After You File
After the Form I-140 is Submitted:
- A receipt notice is sent confirming receipt of the application
- A biometric services notice, if applicable
- A notice to appear for an interview, if required
- A notice of a decision