Permanent Residence for Nurses and Physical Therapists

An Expedited Path to Permanent Residence for Nurses and Physical Therapists

Registered nurses and physical therapists have been designated as shortage occupations under the Department of Labor’s “Schedule A,” thereby bypassing the recruitment normally required for labor certification and earning an expedited path toward lawful permanent residence.

Licensing and Certification Requirements for Foreign-Born Nurses

To qualify, the foreign-born nurse has to possess a diploma in nursing and an unrestricted and unencumbered nursing license from the nurse’s home country (if the nurse was educated outside the United States). Nurses from foreign countries must meet one of two licensing/certification requirements – possession of a license in the state of intended employment in the U.S., or successful completion of the Commission on Graduates of Foreign Nursing Schools (CGFNS) certification program.

Educational and Licensing Prerequisites for Foreign-Born Physical Therapists

The foreign-born physical therapist must possess the equivalent of a four-year U.S. degree and have all the qualifications necessary to take the physical therapist licensing examination in the state in which he or she proposes to practice physical therapy.

State Licensure and Alternative Certification Pathways

State nursing boards generally require a nurse pass the National Council Licensure Exam (NCLEX-RN) exam, a frequently scheduled examination offered exclusively in the United States (and U.S. territories such as Guam). Licensure requirements differ from state to state, and it is important to consult the state licensing authority for guidelines. The website of the National Council of State Boards of Nursing contains contact information for the state Boards of Nursing.

Adjustment of Status and Consular Processing Options for Nurses

For those candidates already lawfully present in the United States in an appropriate nonimmigrant visa status, an Adjustment of Status application (I-485) for the nurse and family members may be filed simultaneously with the immigrant petition. The nurse may be authorized to accept employment with the healthcare institution immediately upon approval of the employment authorization component of the Adjustment of Status track (three to four months after filing) assuming there are no state licensure issues.

If the nurse is living outside the United States, the I-140 immigrant petition will request Consular Post Processing (CPP) at a U.S. consulate abroad.

VisaScreen Certificate Requirements Before Permanent Residency Approval

After the immigration petition is filed, but before obtaining permanent residency approval (under either track), the nurse must obtain a VisaScreen Certificate. The VisaScreen Certificate program is administered by the International Commission on Healthcare Professions (ICHP), a division of the Commission on Graduates of Foreign Nursing Schools (CGFNS).

Contact Our Fairfax County Immigration Law Firm

If you’re a nurse or physical therapist and are seeking permanent residence here in the United States, please don’t hesitate to contact the skilled Virginia immigration lawyers here at Goel & Anderson today. We stand ready to guide you through each step of the legal process ahead.