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The Application Process if the Nurse is Inside the U.S.:

The Employer files the Form I-140 and Form ETA 750 Parts A and B with the USCIS.

Once the USCIS approves the I-140 Petition, the Nurse may submit an application for Adjustment of Status.

The Nurse may start work as soon as she/he receives Work Authorization.

However, a nurse cannot qualify for permanent residence until she presents a VisaScreen Certificate.

Apply today!!!

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OUR CLIENTS

Home Care Link Home Health Services, Inc.
Center for Excellence Home Health Care Services, Inc.
Outreach Home Health Care Services, Inc.
West Coast Home Health Services, Inc.
Vital Home Health Care Services, Inc.
ESpecially Yours Home Health, Inc.

Applying for the NURSE GREEN CARD with the USCIS.

What is it:

The Department of Labor (DOL) maintains a schedule of occupations in its regulations for which the individual permanent labor certification procedure is not required.

The schedule of precertified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10.

Based on an occupation's inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the Immigration & Naturalization Service (USCIS) without first going to DOL for a labor certification.

The position of Professional Nurses is included on Schedule A.

Who Qualifies:

For Professional Nurses, the Professional Nurse must have passed the examination given by the Commission on Graduates of Foreign Nursing Schools (CGFNS) or must have a full, unrestricted license to practice nursing in the state of intended employment.

This category consists of professional or registered nurses only.

A licensed practical nurse is not considered a Professional Nurse under this category.

The Nurse must possess:

1) A diploma from a nursing school in her country;

2) An RN license in her country; and

3) A full and unrestricted license to practice professional nursing in the state of intended employment, or a certification that she has passed the examination given by the Commission on Graduates of Foreign Nursing Schools (CGFNS).

The Application Process if the Nurse is Outside the U.S.:

The Employer files the Form I-140 and Form ETA 750 Parts A and B with the USCIS.

Once the USCIS approves the I-140 Petition (3-6 months), the USCIS first sends the I-140 Petition to the National Visa Center (NVC) in Portsmouth, New Hampshire.

If there is no backlog for immigrant visas from the RN's native country (her "priority date" is "current"), the NVC forwards a packet to the nurse or her attorney containing biographical information forms to be completed by her and her family members, and a list of documents which must be presented at her interview for permanent residence.

The RN sends the signed and completed forms to the U.S. consulate where the nurse will have her interview for permanent residence.

At this interview, the nurse must present various documents including the following:

a. Application for Immigrant Visa
b. Police Clearance
c. Birth Certificate
d. Marriage Certificate, if any
e. Divorce or Death Certificate of Spouse, if any
f. Valid Passport
g. Medical Examination
h. USCIS Photographs
i. Recent job offer letter (or employment contract)
j.Financial information regarding employer
k. Government filing fee
l. VisaScreen Certificate
      - CGFNS PASS
      - ENGLISH PASS


VISA SCREEN CERTIFICATE INFO

The VisaScreen Certificate requirement was imposed by §343, a last-minute amendment to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). It added "uncertified health-care workers" to the list of persons who are inadmissible to the U.S. See §212(a)(5)(C), INA.

A VisaScreen Certificate is issued only after the RN has demonstrated that:

1) her education, license and training in her country are equivalent to education, licensure and training in the U.S., and,
2) her level of competence in oral and written English are appropriate to practice professional nursing in the U.S.

In addition, unless the nurse was educated in an English-speaking country (U.S., Australia, New Zealand, Ireland, United Kingdom or

Canada - all provinces except Quebec), she must achieve a certain score on tests in written and spoken English administered by TOEFL (Test Of English As A Foreign Language) or MELAB (Michigan English Language Assessment Battery) in order to qualify for a VisaScreen certificate.

Both the USCIS and the State Department continue to waive the application of §343 for RNs who are employed in the U.S. on temporary visas.

The USCIS regulations provide that the only organization authorized to issue VisaScreen certificates to RNs is the Commission on Graduates of Foreign Nursing Schools (CGFNS), the organization which is listed in §343. The CGFNS is located at 3600 Market Street, Philadelphia, PA, 19104-2651; telephone: (215) 349-8767; fax: (215) 349-0026; e-mail: support@cgfns.org

 

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