Get to know immigration guidelines
Get to know immigration guidelines

Nursing Management, Sep 2002 by Shusterman, Carl



If you're considering foreign-born nurses to fill staffing gaps, follow the appropriate immigration laws and regulations to ensure compliance. Here's an overview of options:



1. Permanent residence. Certain exceptions aside, the most practical way to employ foreign nurses is to sponsor them for permanent residence (green card). This process usually takes 12 to 24 months if the nurse is abroad. If the nurse is legally in the U.S., a work permit can be obtained in under 6 months.



If RNs live abroad, before obtaining U.S. employment they must:



* show proof of a nursing school diploma from their country of origin; an RN license in their country; and a full and unrestricted license to practice professional nursing in the state of intended employment or a certification that they've passed the examination given by the Commission on Graduates of Foreign Nursing Schools.



* ensure that the potential U.S. employer submits an immigrant visa petition (Form 1-140) to the office of the Immigration and Naturalization Service that has jurisdiction over the nurse's place of intended employment. Labor Department forms ETA-750A and B and the previously mentioned documents must accompany the petition. Employers should also include a check for filing fees. Typically, the INS will approve the visa petition in 2 to 6 months.



* send the appropriate signed and completed forms to the U.S. consulate, where the nurse will interview for permanent residence. The nurse should be prepared to present numerous documents such as police and medical clearances, birth and marriage certificates, and a valid passport. The RN must also satisfy various language and competency requirements. In addition, a nurse must obtain a VisaScreen from the International Commission on Healthcare Professionals, certifying that he or she has demonstrated competency in the English language and that his or her training and licensure are equivalent to that of U.S. RNs.



If the RN already resides in the United States, the immigration process is more expeditious. It includes producing standard documentation and obtaining a license in the state of intended employment. This can be a problem for nurses who are present in the U.S. as visitors because they're prohibited from obtaining a social security number. Most states won't issue an RN license to a nurse without a social security number. The prospective employer must then submit an immigrant visa petition to the INS on behalf of the nurse. Simultaneously, the nurse can submit an application for permanent residence and for travel and work permits. The nurse also can submit similar applications for his or her spouse and unmarried children who are minors in the United States.



2. Temporary visas. Although faster to obtain than green cards, temporary visas aren't currently an option for most foreign-bom RNs. One exception: Canadian nurses may work in the United States in Trade NAFTA (TN) status.



* Trade NAFTA. To be eligible, the Canadian nurse must have an employment offer from a U.S. facility for a 1-year period, be licensed in Canada and in the state of intended employment, have proof of Canadian citizenship, and pay a small fee to enter the United States.



Employers may renew TN status annually either by having the nurse re-enter the United States with the documents previously noted, or by requesting an extension of TN status from the INS Service Center. Special note: A TN nurse should have no intention of remaining permanently in the United States.



Nurses who are citizens of Mexico may also qualify for TN status, but the procedure is considerably more complex. The employer must submit a nonimmigrant visa petition (form 1-129) to the INS Service Center. Once the petition gets approved, the RN must apply for a TN visa at a U.S. consulate in Mexico.



* H-1B and H-1C visas. Many types of foreign professionals can qualify for temporary, H-1B visas, including physicians and allied health professionals. A principal requirement for this type of visa is a 4-year college degree. Because most employers require RNs to only have a 2-year associate's degree, the H-1B isn't a practical immigration method for the majority of health facilities seeking nurses. But if a facility can justify that a 4-year degree is the minimum entry requirement for a job, such an RN may receive an H-1 B visa.



In 1999, Congress also created the H-1C visa, a temporary visa specifically for nurses. Given the restrictive nature of the law, however, less than 10 hospitals nationwide can employ nurses on this type of visa.



Parting advice If you're considering the foreign-nurse option, scour the background of companies who claim that they can quickly fulfill your requests-before acting, ensure that you're working with reputable organizations. Also strongly consider using the services of an attorney who specializes in the immigration of nurses.



About the author



Carl Shusterman is managing partner of The Law Offices of Carl Shusterman, an immigration law firm based in Los Angeles, Calif. Shusterman served as Trial Attorney with the U.S. Immigration and Naturalization Service and is currently chair of the American Immigration Lawyers Association's Committee on Health Professionals.



Copyright Springhouse Corporation Sep 2002

Source: http://www.findarticles.com/p/articles/mi_qa3619/is_200209/ai_n9144437