Visa Category
What is the best visa category for me as a Registered Nurse (RN)?
Temporary versus immigrant visa
The nursing shortage in the United States sets the hiring of foreign nurses more than just an option of the state, but an economic necessity. Economic downturn in the Philippines, on the contrary, impels many registered nurses (RNs) to grab the opportunities available in the US.
In many cases, nurses are so desperate to leave the country that they turn to unscrupulous recruitment agencies that lure them with promises of immediate employment in the US. Sometimes improper visa, and worse, fraudulent ones are offered to nurses who, due to lack of understanding of the immigration system, immediately take hold of the offer. What these RNs don’t realize is that they have much negotiating powers with employers should they get the appropriate visa option for their status.
There are many immigration choices for nurses based on nurse’s eligibility and the U.S. employer’s interest. Nurse eligibility is gauge on nurse’s education, experience, country of origin, and licensures. Nurse’s interest in returning to his/her country of origin is also given weight in considering immigration options – this is very important, though highly subjective. The following briefly explains the two main visa options for professional nurses:
H-1B Nonimmigrant Visa
The US immigration requires most people coming to the United States to show “temporary intent,” which simply means the person is not planning to stay in the US permanently and will return to his/her home of origin after his/her visa expires. Of all the categories under the nonimmigrant visa classification, merely the H-1B visa does not require its holders to show temporary intent. It is the major advantage of this category, making it a good option for RNs.
For a registered nurse to avail of the H-1B visa he/she should be in a working position that requires the education or work experience equivalent to a bachelor's degree, however, according to the US Citizenship and Immigration Services (USCIS) the job of a registered nurse does not require the equivalent of a bachelor's degree. Even so, USCIS occasionally approves H-1B visa application for registered nurses who will be employed in a supervisory role or positions that require specialized training, such us charge nurses, unit manager supervisors, school care nurses, and critical care nurses, or rehab professionals. If the US employer fails to justify the hiring of a foreign nurse for advanced practice positions, sponsored RNs can neither qualify for an H-1B visa.
The H-1B visa is valid only for three years and is renewable for three more. However, the major limitation of an H-1B visa is that the spouses and dependent children are only allowed to study but not work.
E-B3 Immigrant Visa
It is often the best option for a registered nurse to apply for permanent residence. However, an RN must also take into consideration the state he/she is planning to immigrate to because each state has its own guidelines regarding the residence and employment of non-US born individuals.
EB-3 visa is for professionals, skilled workers, and other workers with at least two years of experience as skilled workers and professionals with a baccalaureate degree. It is also available for others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
RNs planning to acquire an EB-3 immigrant visa must possess the following: a valid nursing license in the country of origin, a diploma from a nursing school, a Certificate by the Commission on Graduates of Foreign Nursing Schools (CGFNS Certificate), or a valid US nursing license or evidence of passing the National Council Licensure Examination for Registered Nurses (NCLEX-RN), and a Visa Screen certification.
It should be noted that both H-1B and E-B3 visa types require that applicants pass the CGFNS examination or have a valid U.S. nursing license, and a Visa Screen certification.
The best factor in getting a permanent immigrant visa, usually referred as obtaining a “green card,” is being eventually eligible for U.S. citizenship after 5 years (unless you are married to a U.S. citizen, in which eligibility is established only after 3 years). You will also be able to petition right away your spouse and children, and they are allowed to study and work.
The entire processes and requirements for immigrant and temporary visa categories may differ. After knowing the basic difference of these two visa options, and after deciding whether you would like to immigrate or just work in the US for a maximum of six years, you should consult with an immigration professional as you proceed with your application.
Click on the following topics:
Visa Backlog | Work, Live in US | Visa Screen | Visa Category | Time & Cost
