Professional Nurses
ü
Potential
for H-1B only if position requires a BA degree
ü
Occupation
listed on Schedule A for a Green Card
Many prospective U.S.
employers apply directly for a
green
card for foreign nurses because there is no requirement to first
obtain a
labor certification from the Department of Labor. The labor
certification process, which requires a very extensive test of the
U.S. labor market, has been waived for professional nurses. Thus,
applying for a green card option for a foreign nurse may be the
preferred option.
To qualify for Schedule A processing, a
professional nurse must meet either or both of these two alternate
requirements:
-
The nurse must
have passed the Commission on Graduates in Foreign Nursing Schools
(CGFNS) Examination; or
-
The nurse must
hold a full and unrestricted license to practice professional
nursing in the state of intended employment.
A "professional nurse'' is a person who
applies the art and science of nursing, including principles derived
from the physical, biological, and behavioral sciences. Professional
nursing generally includes making clinical judgments about the
observation, care, and counsel of persons requiring nursing care;
administering medicines and treatments prescribed by a physician; and
participating in activities to promote health and prevent illness in
others. A study program for professional nurses generally includes
theory and practice in clinical areas such as obstetrics, surgery,
pediatrics, psychiatry, and medicine.
CGFNS Examination
Although the
Department of Labor regulations do not require registered nurses to
have passed the CGFNS examination if they hold a full and unrestricted
license to practice professional nursing in the State of intended
employment, the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 excludes foreign health care workers (such
as registered nurses) from the United States unless they have passed
the CGFNS examination.
H-1B an option only for some Nurses
Some nurses could qualify for
H-1B visa status
if their positions required at least a bachelor's degree. However,
many nursing positions do not require a bachelor's degree, making the
H-1B visa category somewhat difficult to obtain.
|
ü
Generally eligible
for H-1B
ü
Occupation
listed on Schedule A for a Green Card
A "physical therapist'' is defined as a
person who applies the art and science of physical therapy to the
treatment of patients with disabilities, disorders and injuries to
relieve pain, develop or restore function, and maintain performance.
The physical therapist uses physical means such as exercise, massage,
heat, water, light, and electricity, as prescribed by a physician or
surgeon.
To qualify for Schedule A processing, a
physical therapist must possess all the qualifications necessary to
take the physical therapist licensing examination in the state in
which he or she proposes to practice physical therapy.
Physical therapists
may also fall within the meaning of "foreign health care worker" and
also require certification by an entity similar to the CGFNS. However,
no such entity has been designated for physical therapists. The USCIS
will apparently grant waivers of INA 212(a)(5)(C) until an appropriate
certification body has been approved for each particular health care
occupation.
H-1B option for Physical Therapists
The H-1B visa is
available when the occupation requires a bachelor’s degree.
Physical therapists are generally eligible for an
H-1B visa, since the bachelor’s
degree is generally a standard requirement for that occupation in the
United States.
If you are a physical
therapist in another country, you must first submit your educational
credentials to a U.S. state therapy board for a temporary license or
permit. (A list of state therapy boards is available on the
Federal of State Boards of Physical Therapy
website). Once you have a permit, you can apply for an H-1B visa to
work in the United States. Once you enter the United States, you will
have to take the state licensing exam, and then renew your H-1B visa. |
