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Home Immigration Atty. Darren Silver FAQ’S regarding green card application for nurses

FAQ’S regarding green card application for nurses

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FAQ’S regarding green card application for nurses
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D o nurses have their own special category when applying for immigrant visas (green cards)?

Yes, The Schedule “A” category is for nurses and physical therapists. Nurses and physical therapists are listed as shortage occupations and therefore do not need to undergo Labor certification unlike other skilled or professional occupations in the EB-3 category.

What are the requirements for obtaining a Schedule A Visa?

For a nurse to obtain permanent residency through the Schedule A category, the applicant must meet the following requirements:

• He or she must have a diploma from a nursing school in his or her country;

• Have a RN license in his or her country; and

• Have a full and unrestricted license to practice professional nursing in the state of intended employment; OR certification that she has passed the examination given by the Commission on Graduates of Foreign Nursing Schools (CGFNS), OR; evidence that she has passed the NCLEX-RN licensing examination but cannot obtain a license because she lacks a social security number.

Are nurses in the Schedule “A” category exempt from waiting in line for a visa number to become available?

Not currently. Since 2006 the Schedule “A” Visa numbers have been mixed in with the General “skilled worker” category (EB-3). This requires nurses to wait in line for his or her priority date to become current before filing for an immigrant visa/green card.

What is a priority date?

For the Schedule A category, the priority date is the date when the I-140 immigrant petition for alien worker is filed with USCIS. The Immigrant Petition is filed by the prospective employer.

How can a nurse obtain his or her priority date?

Despite visa retrogression, registered nurses with a job offer from a US employer can immediately file for an I-140, Immigrant Petition for Alien Worker, in order to obtain a priority date/slot in the line.



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