Visas for Nurses

An experienced immigration attorney can help nurses obtain either permanent or temporary visas to enter the United States. Each visa type requires a series of steps involving immigration agencies and the U.S. Department of Labor. Our Atlanta business immigration attorneys can help applicants satisfy all the complex requirements for these visa categories.

What kinds of visas for nurses are available, and is the H-1C Visa still available?

Nurses can still qualify for temporary H-1C Visas. What is an H-1C Visa? This visa type exists only for nurses working in medically-underserved areas. The application process for this visa category begins with a certification from the U.S. Department of Labor that the intended worksite is in a location where additional medical personnel are needed. Clients often ask if nurses can get either H-1C or H-1B visas. Some specialized nurses may qualify for visas in the H-1B category, but this option exists only for applicants who can show a bachelor’s degree is essential for their specialized areas of nursing.

Nurses can also qualify for permanent residence, usually in the EB-3 category. This immigrant visa process requires applicants to obtain labor certifications – but through a process much different from the typical labor certification application process. Immigration laws recognize the chronic shortage for nurses in the U.S., so the labor certification process is less strenuous for people coming to the U.S. to help fill this shortage.

Do I need to have a U.S. nursing certification to apply for a visa as a nurse?

Yes. A foreign-educated nurse must earn certain credentials in the U.S. before a visa application will be approved. The applicant must be properly certified to work as a nurse in the U.S. state where he or she plans to work. Technically, it is sufficient to show the applicant will have the certification needed before starting work, but it is much easier to show that the applicant has gotten the needed certifications in advance.

What certifications does an applicant need? Foreign-educated nurses must seek certification through the Commission on Graduates for Foreign Nursing Schools. This process includes both a nursing exam and a test of English proficiency. Different states in the U.S. may have unique requirements for nurses, so applicants are expected to investigate state-specific requirements before applying with USCIS.

Can I apply for a nurse visa by myself, or do I need a job offer from an employer?

Nurses coming to work in the U.S. must show offers of full-time employment from U.S. employers. In areas suited for visas in category H-1C, hospitals can petition for and employ applicants in that category, or can petition for applicants in immigrant categories.

How long will it take to get permanent residence (a Green Card) as a nurse? Can a nurse go from the H-1C visa to a Green Card?

Applicants applying for permanent residence based on employment as nurses will face different wait times based on their nations of birth. A person applying from India may wait about ten years for permanent residence status, whereas others may wait less than one year while USCIS reviews their applications. The wait times for these visas are updated monthly on the U.S. Department of State’s Visa Bulletin. The H-1C visa is a non-immigrant visa and does not directly transfer to a Green Card, so applicants for permanent residence must follow a separate application path.