Immigration for Foreign-Born Registered Nurses Already in the United States

If you are already in the United States , you may be eligible to obtain your green card through employment. You must have a U.S. employer willing to sponsor you, a diploma from a nursing school in your home country, a nursing license in your home country, and at least one of the following:

• A full and unrestricted license to practice professional nursing in the state of intended employment, or
  
• A certification issued by the Commission on Graduates of Foreign Nursing Schools (CGFNS), or
  
• Evidence that you have passed the NCLEX-RN licensing examination

Most states require you to pass the CGFNS exam before you can take the NCLEX-RN, so if you are not already licensed in a state, you should take the CGFNS exam. The following states require foreign nurses to pass the CGFNS examination before taking the NCLEX-RN:

Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Vermont, Virginia, Washington, West Virginia and Wyoming.

You also need to begin the Visa Screen process as soon as possible (this is in addition to the CGFNS exam). The process is lengthy and you must obtain your certificate from the International Commission on Healthcare Professionals before your Adjustment of Status application can be adjudicated.

Registered Nurses are eligible for what is called Schedule A Labor Certification. This basically means that you don't have to file a labor certification at all (note, the labor certification is also known as PERM). Therefore, you can start at what normally would be the second step of the green card process, the I-140 petition.

Here is a list of the documents we will need from the Registered Nurse to process the case:

1. Copies of academic degrees and transcripts
2. Copy of nursing license from home country
3. CGFNS Certificate, NCLEX results, or State license
4. Resume of Nursing Candidate
5. Copy of passport
6. Copy of birth certificate (with English translation if necessary)
7. Copy of marriage certificate (with English translation if necessary)
8. Letter from your bank stating the account balances
9. Medical examination
10. Passport photos

We will also need the following from the employer:

1. Information on the health care facility
2. Information about the job being offered
3. A job posting notice to be placed at the employer's premises
4. Paperwork to be signed by a company official
5. Copies of federal tax returns (or a statement from the company's financial officer for larger employers)

If Employment-based visa numbers are available at the time we file your case, we will include an application for Employment Authorization. This can be obtained in as little as two months depending on where your application is being processed. This will allow you to begin working as a Registered Nurse, assuming that you have obtained your state nursing license by this time.