Registered Nurses
Registered Nurses and Physical Therapists Qualify Under
Schedule A Precertified Labor Certification
Permanent Residency Application Schedule A means the list of occupations set forth at CFR ยง 656.10, with respect to which the USCIS has determined that there are not sufficient United States workers who are able, willing, qualified and available, and that the employment of aliens in such occupations will not adversely affect the wages and working conditions of United States workers similarly employed. This means that those offered positions of professional nurse or physical therapist do not have to engage in the regular Labor Certification process which requires the prospective employer to show that there are no U.S. workers available for the position.
To qualify under the Schedule A precertified labor certification process a registered nurse:
1. Must have a diploma, certificate, baccalaureate degree, or associate degree signifying successful completion of a program for professional nurses, and
2. Must have a nursing license issued by the home country.
3. Must have a job offer from a U.S. employer for a position that qualifies as a professional nurse.
"Professional nurses" means persons who apply the art and science of nursing, which reflects comprehension of principles derived from the physical, biological, and behavioral sciences. Professional nursing generally includes the making of clinical judgments concerning the observation, care, and counsel of persons requiring nursing care; and administering of medicines and treatments prescribed by the physician or dentist; the participation in activities for the promotion of health and the prevention of illness in others. A program of study for professional nurses generally includes theory and practice in clinical areas such as: obstetrics, surgery, pediatrics, psychiatry, and medicine.
Occupations included under professional nurse are:
Director, School of Nursing Nurse, Anesthetist Nurse, Consultant Nurse, Head Nurse, Instructor Nurse, Office Nurse, Practitioner Nurse, Private Duty Nurse, School Nurse, Staff Nurse , Community Health Nurse, Supervisor Occupational Health Nurse, Supervisor Nurse, General Duty Instructor, Psychiatric Aide
4. Must present evidence that you (i) have passed the Commission on Graduates of Foreign Nursing Schools (CGFNS) Examination; or (ii) hold a full and unrestricted license to practice professional nursing in the State of intended employment, or (recently added alternative) evidence that you have successfully passed the NCLEX-RN test.
The CGFNS is an independent, nonprofit organization which developed this examination to test capabilities of foreign professional nurses in all areas of nursing for which American nurse graduates are responsible, and to give an objective estimate of their ability to pass licensure examinations in the United States. The examination is given yearly in April and October in the United States and approximately 30 other countries throughout the world. 5. Prior to the visa being issued, the Visa Screen certificate or certified statement must be obtained from the International Commission on Health care Professions. The components of this requirement are:
a. Proof of English language proficiency by the passing of all three sections of the Test of English as a Foreign Language ( TOEFL), or Michigan English Language Assessment Battery (MELAB), or the International English Language Testing Service test (IWLTS), or the Test of English in International Communications (TOEIC);
b. An equivalency evaluation of the nursing credentials, including diplomas and license administered by ICHP, or, alternatively,
i. A certified statement issued by CGFNS in lieu of the Visa Screen certificate for nurses who completed nursing education in English in a country so designated: at this time including Australia, Canada, Ireland, New Zealand, South Africa, the United Kingdom, and the United States.
ii. Along with evidence of passing the National Council Licensure Examination (NCLEX).
6. The employer must submit financial documentation that shows that it possesses the ability to pay the wage of the applicant.
Please contact our office to discuss this process further if you are an RN, Physical Therapist, or a hospital in need of these kind of professionals.