Overview
This section outlines the eligibility requirements for foreign Registered Nurses looking to work in the USA under the Schedule A Designation. The information builds on the previous chapter by explaining the specific requirements for the nurse visa.
Key Points
- Learn what you and your employer to need qualify.
- Updates on how to fulfill English test requirement.
- Get tips on how the decision to issue a US green card is made.
As a registered nurse, you may be eligible for Employment-Based Immigration under several immigrant visa categories however your education, skills and work experience are some of the factors used to determine if you qualify for a specific type of employment based visa. I have created checklists of eligibility requirements for both the petitioner and the beneficiary.
This checklist should not be submitted with your petition as it serves only as a preparation tool. Do not send original documents unless specifically requested in the form’s instructions or applicable regulations.
Employer Eligibility Requirements Checklists
To qualify for an employment-based visa in a Schedule A occupation the following requirements must be met:
I. Initial Required Documentation Checklist:
- Cover Letter (Click Here to Access: Formatting Guide)
- A properly filled Form I-140, with $700.00 filing fees.
- An un-certified and signed Form 9089.
- I-693, Report of Medical Examination and Vaccination Record.
- An Application for Prevailing Wage Determination Form ETA-9141.
- A list of worksite locations for the beneficiary.
II. Evidence for Beneficiary Under Schedule A Designation Checklist:
- Must provide a bona fide job offer.
- Confirm that employment is categorized as a Schedule A Designations.
- Must offer the beneficiary at least the prevailing wage.
- Full-time permanent employment to the beneficiary
- Must provide proof of two years of training or experience.
- Information on the year education/training was completed.
- Institution where education was received.
- Location of institution where education was received.
- Qualifications for a valid and unrestricted state nursing license.
- Passed the National Council Licensure Examination (NCLEX)
- Has the necessary level of competence in oral and written English.
III. U.S. Employer’s Evidence of Ability to Pay Checklist:
Must include at least one of the following:
- Annual reports
- Federal tax returns.
- Audited financial statements.
Initial Evidence: Cover Letter Format
Employer submits evidence of the beneficiary's experience or training in the form of a cover letter written on behalf of current, former employer or trainer and includes:
- Name
- Address
- Title of the writer
- A specific description of the duties performed by the beneficiary or of the training received.
Ability of Prospective Employer to Pay Wage
Any petition filed by or for an employment-based immigrant which requires an offer of employment must be accompanied by evidence that the prospective United States employer can pay the proffered wage.
The petitioner must demonstrate this ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence. Employers of 100+ workers may be allowed to submit a statement from a financial officer of the organization regarding its ability to pay the proffered wage.
Bona Fide Offer Checklist
The United States Citizenship and Immigration Services (USCIS) requires that an employment-based visa petition be accompanied by a bona fide job offer. The aim is to prove that the offer is made in good faith and is not a sham or fraudulent. A bona fide job offer is a structured offer of employment from that meets all of the requirements of the Department of Labor and the USCIS where applicable.
A Bona Fide Offer Contains the Following Elements:
- The ability to pay the offered wage.
- The position must be paid at or above the prevailing wage.
- A full-time offer for employment.
- The details of the primary worksite location.
- The job title.
- The physical and schedule requirements of the position.
- Must have a statement that the employer will only give tasks within the employee's physical abilities, knowledge, and skill, and will provide training if necessary.
- Must define minimum level of education required.
- The position must be a Registered Nurse.
If you are an employer seeking to sponsor a foreign national for an employment-based visa, it is important to ensure that your job offer is bona fide.
New Updates that Reduce Paperwork
Because of the occupational shortage of these U.S. workers, DOL has “pre-certified” Schedule A occupations. This means that an employer who wishes to hire a person for a Schedule A occupation is not required to conduct a test of the labor market and apply for a permanent labor certification with DOL. Rather, this employer must apply for Schedule A designation by submitting an application for permanent labor certification to USCIS in conjunction with the petition.
How the Adjudication Process Works
If an employer meets all requirements for Schedule A designation and the petition is approvable, USCIS retains the ETA Form 9089 with the petition. If an employer did not meet all requirements for Schedule A designation, or the petition is not approvable, USCIS retains the permanent labor certification application with the petition. The officer does not complete Section O of the permanent labor certification.
Registered Nurse Eligibility Requirements Checklists
I. Registered Nurse Credentials Certification Checklist
USCIS approved credentialing organizations certify that foreign nurses have met the minimum requirements for education, training, licensure, experience, and English proficiency.
Certification checklists items include:
Evidence of competence in oral and written English
Why is Certification Needed?
The Aim of the Certification Process Is to Verify That:
- You have obtained education, training, licensing, and experience comparable to an American health care worker
- Your credentials are authentic and that you qualify for an unencumbered nurse's license.
- You meet all regulatory requirements for admission into the United States.
- You possess the necessary level of competence in oral and written English.
- You have passed NCLEX exam and have – EITHER - the:
- Have a certification statement from the Commission on Graduates of Foreign Nursing Schools (CGFNS) or
- Have a certification statement from an approved equivalent independent credentialing organization.
Foreign Nurses Must Acquire “A Certified Statement From the Commission On Graduates of Foreign Nursing Schools (CGFNS)” Which Is Meant to Verify That You Have:
- The requirements for an unrestricted license in the State of Florida.
- Have passed the National Council Licensure Examination (NCLEX)
- Graduated from certain English language nursing programs.
II. USCIS Registered Nurse Checklist
- Beneficiary must meet the definition of a “Professional Nurse.”
- Have a Bona Fide Job Offer from a U.S. Employer.
- Copy of Birth Certificate
- Copy of Arrival/Departure Record (Form I-94) if applicable.
- Job offer should be for a Registered Nurse or related position.
- Submit requirements for a full, unrestricted permanent nursing license.
- Submit one of the foreign education evaluation requirements:
- Certification from Commission on Graduates of Foreign Nursing Schools.
- Evidence of passing the National Council Licensure Examination for RNs.
- Possess approved USCIS English Proficiency Tests and Scores.
- Pass the state’s requirements for a background check.
- Six- Passport-style photographs
- Submit approved forms of identification
- I-693, Report of Medical Examination and Vaccination Record
Minimum Education Requirements: Registered Nurse
The minimum requirement for professional nursing occupations is generally less than a bachelor’s degree and these occupations are therefore considered under the skilled worker classification. However, the minimum requirement for certain advanced or specialized professional nursing occupations may be a bachelor’s degree.
Approved English Proficiency Tests and Score Standards
Human Services Approved English Proficiency Tests and Scores are posted with a current list of approved tests and scores to reflect the recently approved list. (As of May 24, 2022)
Acceptable English Competency Examinations
Passport Photograph Standards
All applicants are required to upload a passport-style photograph with a white or off-white background.
Do’s
- Sized such that the head is between 1″ and 1 3/8″ from the bottom of the chin to the top of the head.
- Taken within the last six months to reflect your current appearance
- Taken in front of a plain white or off-white background
- Taken in full-face view directly facing the camera
- With a neutral facial expression and both eyes open
- Taken in clothing that you normally wear on a daily basis.
- If you normally wear prescription glasses, a hearing device or similar articles, they may be worn for your photograph.
Dont’s
- Uniforms in your photograph, except religious clothing that is worn daily.
- Hats or head coverings that obscure the hair or hairline, unless worn daily for a religious purpose. Your full face must be visible, and the head covering must not cast any shadows on your face.
- Headphones, wireless hands-free devices or similar items are not acceptable in your photograph.
- Dark glasses or non-prescription glasses with tinted lenses are not acceptable unless you need them for medical reasons (a medical certificate may be required)
- Glare on glasses is not acceptable in your photograph. Glare can be avoided with a slight downward tilt of the glasses or by removing the glasses or by turning off the camera flash.
How the Decision-Making Process Works: Behind the Scenes
To determine whether a healthcare worker is admissible into the United States, USCIS relies on the healthcare certification process to verify your credentials as a foreign nurse. USCIS also checks that you meet the necessary educational and licensure requirements.
In assessing the your educational documents, USCIS takes into account the evaluation of your education credentials by a credential evaluator and other credible information indicating the equivalence of their credentials to US college degrees.
If your specific application raises red flags for some reason or another, the USCIS may issue a Request for Evidence requesting the petitioner to provide documentation demonstrating that the you hold do meet all of the eligibility criteria.
Supporting Documentation
- English Competency Tests Requirements
- New Vaccination Criteria for U.S. Immigration
- USCIS Employment-Based Visas Process
- Schedule A Designation Policy Alert
- Permanent Worker Visa Preference Categories
Forms
Frequently Asked Questions
How can a nurse get a US visa?
Foreign nurses are welcome to work in the United States, given that they meet the basic requirements. They must pass the NCLEX for registered nurses and demonstrate the necessary level of language proficiency in oral and written English. To begin the process, a qualified employer must provide an approved job offer.
How to sponsor foreign nurses in USA?
For foreign nurses to qualify for consideration in a position in the U.S., employers must perform their due diligence to meet the criteria of Schedule A designation. This entails confirming the validity of the nurse's training and/or education, ensuring they have all qualifications needed to attain a nurse license in the state where the job is offered, offering permanent full-time employment, proving English proficiency by passing required tests, providing proof that you are able to pay the prevailing wage for that role and making a bona fide job offer before filing an I-140 form. Generally speaking, nurses with certification from CGFNS or NCLEX meet basic requirements for consideration.
Are nurses eligible for H-1B visa?
Any information resources which categorize registered nurses under the H1-B classification are displaying outdated and inaccurate data. Due to recent changes in the foreign nurse visa adjudication process, including amendments made in response to the pandemic, registered nurses are properly classified as EB-3: Schedule A Designations.
Foreign Nurse Eligibility Requirements Checklist
Form I-140, Immigrant Petition for Alien Worker
- A copy of your college/university diploma
- A copy of your college/university transcripts
- A copy of your RN license from your home country (if you have one)
- A copy of your NCLEX exam results
- A copy of your resume/CV
- A copy of letters from previous employers verifying your experience
- A copy of your Visa Screen/CGFNS Certificate
- A copy of your FCCPT / CGFNS education evaluation (if you have one)
- A copy of your Passport (ID page), visa page
- A copy of all approval notices (I-797) and I-94 cards (front and back)
- A copy of your Social Security Card
- A copy of your driver’s license
- A copy of your birth certificate
- A completed Form G-325, Biographic Form
- A completed medical examination Form I-693
- Six passport style and size photographs