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Visas for Nurses - US Immigration Lawyer

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US Visa Options for Nurses - US immigration for Nurses

Nurses generally have two options of entering the United States. With the elimination of the H-1C visa, nurses must either qualify for a TN visa, or H-1B visa. Our immigration law office has over 25 years of experience in immigration law, including H-1B and TN visas. Learn more about the immigration options for nurses below, and contact our law office to learn how we can help you through the visa process.

 

H-1B Visas for Nurses


In order for a nurse to qualify for an H-1B visa, they must be  offered a position in the U.S. that requires the application of a highly  specialized body of knowledge. The nurse must also possess a bachelor’s  degree of higher or its equivalent. Foreign degrees must be evaluated  by an appropriate company to determine if it is equivalent to a  bachelor’s degree in the U.S.


Nurses that will most likely qualify for H-1B visas include  anesthetists, critical care nurses, nurse managers, administrators, or  supervisors, nurse specialists, and nurse practitioners. Nurses in  administrative positions that require a graduate degree such as health  administration or nursing administration degrees may be eligible to  obtain H-1B visas. If you are an APRN, Advanced Practice Registered  Nurse, such as a certified nurse practitioner (NP), clinical nurse  specialist (CNS), certified registered nurse anesthetist (CRNA), and  certified nurse-midwives (CNM).


Nurses that are not specialists but can show substantial experience  in critical care and perioperative care (peri-op nurses) may also  qualify for H-1B visas, although they may have a harder time obtaining  the visa because of a lack of a bachelors degree or higher.


In order to qualify for an H-1B visa as a nurse, you must meet the following provide evidence of the following:

  • A bachelor’s degree or its equivalent is normally required for  your field of specialization. A bachelor’s degree must be the minimum  requirement for the nursing position offered.
  • The nursing position is so complex that it normally requires an individual with a degree
  • The duties and responsibilities of the position offered is so  complex that it requires an individual with specialized knowledge and  attainment of such specialized knowledge is associated with earning a  bachelor’s degree or higher

In addition, H-1B nurses must meet one of the following requirements:

  • Have a bachelors degree or higher from an accredited college or university
  • Have a foreign degree that is equivalent to a U.S. bachelors degree or higher
  • Have an unrestricted license, registration, or certification that allows you to practice as a nurse specialist
  • Have the appropriate training, education, or experience in your  field of expertise which is essentially equivalent to the completion of a  bachelors degree or higher


Please note that nurses that have a bachelor’s degree or higher may  have greater success in obtaining an H-1B visa to work as a nurse in the  United States. Substantial experience in a specialized nursing position  may overcome the absence of a bachelors degree or higher in some  applicants. 


TN Visas for Nurses


Nurses may also qualify for TN visas in order to work in the United  States. Canadian or Mexican nurses may obtain TN visa if they meet the  following requirements:

  • Have a state or provincial nursing license
  • Received a job offer from a U.S. employer
  • Must have a valid VisaScreen certification (you will have received a ICHP VisaScreen certificate
    • VisaScreen Certification is a process that determines whether  you meet federal screening requirements. The screening process compares  foreign degrees to determine if they are equivalent to U.S. degrees,  verifies all professional healthcare licenses that you have ever  received , verifies that you are proficient in English (through an  English proficiency examination), and for nurses, verifies that you have  passed the CGFNS Qualifying Exam , NCLEX-RN, or the SBTPE (State Board  Test Pool Examination).
  • In some  cases you may need a temporary registered nursing license in the state in which the position is offered
  • Mexican citizens must complete an English proficiency examination  in the NCLEX-RN. Canadian citizens are exempt from this requirement


An immigration lawyer may assist you in preparing your application  and determining whether you are truly eligible for a TN visa under the  North American Free Trade Agreement. 

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