Understanding Green Cards for Nurses in the U.S.

Nurses are pivotal in the U.S. healthcare system; their contribution is invaluable. However, there is a pressing need for more nurses in the profession. The decreasing number of nurses enrolled in educational programs nationwide means not keeping pace with the demand. The high nurse turnover rate and an aging workforce further underline the significant need for nurse green card sponsorship.

What Is an EB-3 Visa for Nurses in the U.S.?

The EB-3 visa allows qualified foreign workers to come to the United States to work in a permanent, full-time position. To be eligible for an EB-3 visa as a nurse, you must have:

• Two years of education from an accredited institution.
• A license to work in the country where you received your education.
• At least two years of full-time professional nursing experience.
• A  full and unrestricted license to practice nursing in the state where you will be working.

What Steps Are Involved in Applying for a U.S. EB-3 Visa as a Nurse?

There are three critical steps for obtaining an employment-based immigrant visa:

1. The sponsoring U.S. employer files an uncertified labor certification and visa petition directly with the U.S. Citizenship and Immigration Services (USCIS). Since there is a national shortage, the U.S. Department of Labor includes registered nurses (RN), licensed practical nurses (LPN), and licensed vocational nurses (LVN) on a list called “Schedule A,” which means hiring non-U.S. citizens will not affect U.S. wages. This designation makes the hiring process faster for nurses because hospitals are not required to complete the labor certification known as PERM.
2. Next, your U.S. employer must file Form I-140, Immigrant Petition for Alien Worker, on your behalf with the USCIS. This petition aims to verify that the foreign worker has the minimum requirements to fill the open position and classify the foreign person as eligible for a particular visa category. Nurses must be able to provide a Commission on Graduates of Foreign Nursing Schools (CGFNS) certification, a license to practice nursing in the state of the intended employer, or a passing score on the National Council Licensure Examination (NCLEX-RN). Your employer must also demonstrate their ability to pay your wages.
3. If you already reside in the United States, you can apply for lawful permanent resident status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. However, if you reside outside the United States, you must apply for an EB-3 immigrant visa at a U.S. consulate. If applying while living outside of the U.S., the DS-260 application is also required once the immigrant visa is available.

Once your application is processed, you will be scheduled for an interview at your nearest U.S. embassy or consulate. If your application is approved, you will be issued an immigrant visa and can begin planning to move to the United States.

Processing Time for an EB-3 Visa

EB-3 green card processing time can vary depending on the USCIS workload and the number of green cards available in each category. You can expect to receive your receipt notice in 2-3 weeks after submitting the form I-140, and it can take up to six to eight months or longer or more to receive an approval notice on an application. The entire process can take anywhere between one to three years.

Premium Processing for an EB-3 Visa

Premium processing is a faster option, and it guarantees a decision within 15 days for a fee. If your case isn’t processed in that timeframe, you’ll receive a refund but continue to get expedited premium processing. Submit Form I-907, Request for Premium Processing Service to receive premium processing.

What Are the Benefits of an EB-3 Visa for Nurses in the U.S.?

There are several benefits for nurses on an EB-3 green card in the United States.

• Allows working in a hospital or other medical facility for 10 years.
• Renewal does not require requalification; only the renewal fee must be paid and good character demonstrated.
• Nurses on this visa can bring their spouses and children under 21 to the United States on an E-34 or E-35 visa.
• It’s easier to meet the requirements of an EB-3 visa than other permanent residence visas.

Are there other options available if I don’t qualify for an EB-3 visa for nurses in the U.S.?

While the EB-3 visa is undoubtedly one of the most common ways for nurses to obtain green card sponsorship, a few other options are available.

Certain nurses may be eligible for an H-1B visa, which allows them to work in the United States for up to six years. Alternatively, nurses who have already obtained an advanced degree or have significant nursing experience may be eligible for an EB-2 visa.

If you are unsure which option is best for you, consult an experienced immigration attorney.

Contact Experienced Immigration Attorneys Today

If you are planning to apply for an EB-3 visa, contact Scott D. Pollock & Associates today by filling out our online form or calling us at 312.444.1940. We can help guide you through the process and ensure everything is done correctly to get the visa you need.