FAQs - Visa and Immigration
This is a very basic Frequently Asked Questions (FAQ) page which attempts to answer some of the more commonly asked questions. Just click a question to read the answer.
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What type of visas do Filipino RNs commonly obtain?
The U.S. Department of Labor has pre-determined there is shortage of RNs to fill the current needs of the country’s healthcare industry. This has opened the door to nurses from the Philippines seeking employment-based entry visa that is either of these two types:
• A Temporary Worker (non-immigrant) H-1B visa
• A Permanent Resident (immigrant) visa, also known as a “green card”
Source: www.placementauthority.com/faq.php
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What are the main differences between Temporary Visas and Permanent?
A Temporary Worker visa entitles the nurse to work in the U.S. for a particular employer, in a particular job, and for a specified period of up to a total of six years, after which she has to leave the U.S. It is not permissible for any accompanying family members to work legally. Until the nurse and her family legally converted into Permanent Resident status.
A Permanent Resident or Immigrant visa (commonly called “Green Card”) on the other hand, allows the applicant and her immediate family members, except children over 21 years old, to legally enter altogether, work, reside permanently and acquire citizenship by naturalization.
Source: www.placementauthority.com/faq.php
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What is the right visa?
There are two key considerations that need to be reviewed when deciding which of those two types of visas a nurse will be eligible to enter and work in the U.S.:
1. the minimum qualifications required for the job offered ;
2. the prospective employee's credentials.
Because it is the more expeditious process, it should be first determined if the applicant and the job both qualify for the limited non-immigrant (H-1B) visa category. The processing takes only around 4- 6 months when all the required documents are in order.
Source: www. placementauthority.com/faq.php
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What is an H- 1 B visa?
A nonimmigrant in the H-1B category is an alien who is coming temporarily to the U.S. to perform services in a "specialty occupation". The alien is qualified through the appropriate degree, or through a combination of education and experience equivalent to that degree. The worker may be entering the U.S. for the first time or may already be working in the U.S., but pursuing a change of employer. The foreign worker must prove that he or she is qualified for the specialty occupation and the particular job offered. One method is to obtain a credentials evaluation of their foreign university degree, to show that it is equivalent to that of a U.S. degree. If the worker is already in the U.S. and holds a valid nonimmigrant status, the H-1B visa can be extended and revalidated in the U.S. If, on the other hand, the worker is not in lawful status, or resides abroad, the H-1B visa must be obtained through a U.S. Consulate. Since the H-1B visa is considered a temporary visa, there is a limitation on periods of stay. The initial periods of stay may be approved for up to 3 years (usually depending on the occupation and/or the needs of the employer). And after that, another 3 years are available, by filing forms for and extension of stay. After the six years, the worker must spend one year outside the U.S. before being entitled to another H-1B visa. However, many workers take steps to obtain permanent residence (the Green Card) during their initial stay.
Source: www.nurseimmigrationusa.com -
What is a Green Card and how do I get one?
Permanent residence status, symbolized to many people by the so-called "green card", which is actually pink, confers on foreign nationals the right to live and work in the U.S. without time limitations. The two most common ways to obtain permanent residence is by close family ties to a U.S. citizen or permanent resident, or through employment with a U.S.-based employer. For purposes of this discussion, the employment based visa will be our focus. There are two main phases to the process. Phase I: The alien must be sponsored by the employer, who files a petition with INS to have the alien classified as a person qualified to immigrate. Phase II: Once the alien is found qualified to immigrate, he or she may proceed to apply for permanent resident status. This can be done through Consular Processing or by Adjustment of Status. Once the immigrant visa is issued, the permanent resident may then travel freely on the visa, and my accept employment without restrictions. It is not clearly stated, but we recommend that the foreign worker remain employed by the sponsoring employer for at least six (6) months after the visa is issued to show good intent regarding the employment relationship.
Source: www. nurseimmigrationusa.com -
What are the different categories under which an applicant could apply for a permanent visa?
INS has established nine (9) categories for "green card" applicants:
1. Immediate relatives
2. Family preference; employment preference
3. Ethnic diversity – green card lotteries
4. Investors
5. Special immigrants
6. Refugees and individuals seeking political asylum
7. Temporary protected status
8. Amnesty
9. Special agricultural workers
Each green card preference category has a numeric quota and specialized criteria.
Source: www.cgfns.org
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Why is H-1B visa difficult to obtain?
Except for the State of North Dakota, state laws do not require individuals to possess a BSN degree in order to be licensed as RN. Therefore, as a rule, staff RN positions in the rest of the states may not qualify for H-1B classification. The BCIS (INS) most likely recognizes only supervisory positions or those involving highly specialized duties that require a Bachelors degree as exceptions to that rule.
The following list describes certain advanced nursing practice occupations that will generally be H-1B equivalent if the position requires, and the nurse has obtained, advanced practice certification:
• Clinical Nurse Specialists (CNS): Acute Care, Adult, Critical Care, Gerontological, Family, Hospice and Palliative Care, Neonatal, Pediatric, Psychiatric and Mental Health-Adult, Psychiatric and Mental Health-Child, and Women’s Health
• Nurse Practitioner (NP): Acute Care, Adult, Family, Gerontological, Pediatric, Psychiatric & Mental Health, Neonatal, and Women’s Health.
• Certified Registered Nurse Anesthetist (CRNA); and
• Certified Nurse-Midwife (CNM).
Note that unscrupulous agencies sometimes arrange for jobs with inflated duties and wages to obtain the H-1B visa. It is very important that the nurse does not enter on the wrong visa, as sometimes it is possible to obtain BCIS approval due to misrepresentation. Once in the U.S. the nurse finds herself in violation of the terms of her visa and compromises her ability to adjust later to Permanent Resident visa.
Source: www.placementauthority.com/faq.php
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Who gets Permanent (immigrant) visa?
Most RNs enter the U.S. with permanent resident visas (Green Cards) and undergo Schedule A Immigrant visa processing including the VisaScreen. They enter the U.S. through an approved sponsorship process initiated by an able and willing employer. It normally takes 12-18 months to obtain approval of the visa petition by the BCIS and the final issuance of the visa by the U.S. Consulate.
Source: w ww.placementauthority.com/faq.php
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What are the steps to obtaining an immigrant visa?
The immigration process begins when an immigrant submits Form I-140, Immigrant Petition for Alien Worker, to the office of the Bureau of Citizenship and Immigration Services (BCIS) having jurisdiction over the nurse’s place of intended employment. Requirements for Filing Visa Petition When submitting the I-140, the RN must be in possession of:
1. A diploma from a nursing school
2. An RN board certificate or license in his/her country; and
3. A Commission on Graduates of Foreign Nursing Schools (CGFNS) certificate or, proof of passing the NCLEX.
4. Employment offer or contract
5. Resume
Step 2 - DS-230 Application for Immigrant Visa
Consular Processing (Required for nurses processing outside the United States) The BCIS first sends the approved immigrant visa petition (I-140) to the National Visa Center (NVC) in Portsmouth, New Hampshire. If there is no backlog for immigrant visas from the Philippines, the NVC forwards a packet to the nurse or her attorney containing biographical information forms to be completed by her, and a list of documents that must be presented at the consular interview. Generally, the forms are submitted directly to the U.S. Consulate in the nurse's country of origin. For RNs from Philippines, the forms are submitted first to the National Visa Center for preliminary processing. Upon completion of preliminary processing, the NVC forwards the case to the U.S. Consulate in Manila for final processing.
The U.S. consulate where the nurse will interview will review specific forms and documentation. At this interview, the nurse must present various documents including the following:
1. DS-230 - Application for Immigrant Visa and filing fee
2. Police Clearance (self and spouse)
3. Birth Certificate (self and family members)
4. Marriage Certificate, if applicable
5. Divorce or Death Certificate of Spouse, if applicable
6. Valid Passport (self and family members)
7. Medical Examination (self and family members)
8. Photographs (self and family members)
9. Recent job offer letter (or employment contract)
10. Financial information regarding employer
11. VisaScreen Certificate
Step 2 - I-485 – Application to Adjust Status
(Required only for nurses present in the U.S. instead of DS-230. Form I-485 is filed in order to convert from non-immigrant to Permanent Residence Visa or Green Card.)
Because employment-based visa categories are current for RNs from the Philippines, nurses may apply for adjustment of status by filing I-485 concurrently with the I-140 filing.
The adjustment of status application package needs to include among others:
1. Form I-485, Application to Register Permanent Resident or Adjust Status
2. Form I-765, Application for Employment Authorization
3. Form G-325A, Biographic Information
4. Medical Examination sealed original
5. Birth Certificate
6. Marriage Certificate
7. Verification offer of employment or employment contract
8. Copies of valid passport
9. Valid I-94 card (or unexpired extension of entry visa)
10. VisaScreen (Must be submitted prior to approval of I-485)
Dependents will need to submit separate packages, which can be filed concurrently with the nurse’s application.
Step 3 – I-765 Application for Employment Authorization
This step is necessary for nurses who are present in the U.S. and wish to work legally while seeking adjustment of status. Form I-765, Application for Employment Authorization, is generally filed concurrently with the filing of I-485 and it takes approximately 90 days to obtain approval by the BCIS. The nurse must not work prior to approval of I-765.
Source: www.placementauthority.com/faq.php
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What are the main requirements for the H-1B visa?
The job must be either in a “specialty occupation,” i.e., a professional field. A “specialty occupation” is one which requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and requires completion of a specific course of education culminating in a baccalaureate degree in a specific occupational specialty. There must be evidence provided of the following:
• The applicant must actually have the necessary credentials, e.g., the baccalaureate degree in the particular specialty.
• The job must actually require the services of someone who possesses the credentials of a professional.
• The employer must pay the applicant the prevailing wage in the area, or the wage it pays other workers in its company, whichever is greater.
• VisaScreen (will be required effective July 27, 2004)
Employers must follow a two-step process to obtain an H-1B for a professional employee:
• Department of Labor - Labor Condition Application. The employer must determine the prevailing wage for the occupation and the actual wage being paid by employer to other professionals in the same field. They must pay whichever is higher. The employer then submits the petition (Form I-129) to the BCIS Service Center having jurisdiction over the place of employment. The BCIS reviews the individual credentials to fill the specialty occupation. If the application is approved and the applicant is outside the U.S. the INS will notify the Consulate abroad of the visa approval and the applicant will need to appear for an interview to review admissibility issues. At this time the Department of State’s VisaScreen requirement is being waived for individuals applying for non-immigrant visas.
To obtain an H-1B for a nurse, the petitioner must present evidence that the nurse holds a license in the state of intended employment. Some states will issue temporary or interim licenses where the nurse completes all necessary prerequisites to register for the NCLEX.
More specifically, the H-1B petitioner will need the following:
• Petition for Nonimmigrant Worker (Form I-129) and H Supplement with filing fees of $1,130.00
• An approved Labor Condition Application from the Department of Labor that confirms that the employer will pay a salary that meets or exceeds the prevailing wage for the position offered in the area of intended employment. Often the McNamara-O'Hara Service Contract Act ("SCA") determines the prevailing wages for nurses. The SCA provides protection for the employees to receive the prevailing wage and standard fringe benefits, including vacation, holiday, health and welfare.
• A letter from the petitioner describing the duties and responsibilities to demonstrate that a Bachelor's Degree in the field of nursing from a U.S. university or its foreign equivalent is required. A supervisory position will meet the requirement of needing a Bachelor's Degree.
• The beneficiary's degree and a foreign credentials evaluation, if the degree is from a non-US university or college, to prove that he/she has the equivalent of a U.S. degree.
• A state license in the state of intended employment or evidence that the nursing candidate has a Commission of Foreign Graduate Nursing Schools ("CGFNS") Certificate indicating that he/she has passed the CGFNS qualifying exam and the Test of English as a foreign language (TOEFL) and possesses a temporary state license.
H-1B visa holders may also bring their family members on H-4 visas. The spouse and children under 21 years of age are not permitted to work, but may attend school.
H1-B PREMIUM PROCESSING
Currently H-1B non-immigrant visa is expedited by paying a $1000 fee to the BCIS. For example, if the applicant or petitioner pays for Premium Processing Service of a petition, the Service will issue an approval notice, notice of intent to deny, request for evidence, or notice of an investigation for fraud or misrepresentation within 15 calendar days.
Source: www.placementauthority.com/faq.php
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When do I need a license to practice nursing?
You must obtain a license in the state in which you are employed immediately upon arrival and on starting to work as an RN.
Source: www.placementauthority.com/faq.php
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How can I practice nursing while working on my permanent license?
You will need a temporary license to legally assume a registered nurse’s responsibilities. The State Board of Nursing to which the initial licensure application was made, may issue a temporary license on one-time basis for up to 4-6 months. The interim permit expires at the end of the stated period or earlier if the nurse receives a failing grade in her NCLEX examination.
Source: www.placementauthority.com/faq.php
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How do I obtain a license to practice nursing in the United States?
Licensure requirements vary between states. Generally, the states require that the nurse demonstrate eligibility and preparedness for the NCLEX by presenting CGFNS certification, copies of foreign academic credentials, an education/credentials evaluation and a proficiency of English, for example TOEFL exam results.
A CGFNS certificate is a prerequisite for the NCLEX-RN examination by the following states. 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, New Hampshire, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Vermont, Virginia, Washington, West Virginia and Wyoming. (Please refer to the respective state licensing boards for current requirements.)
Initial licensure in a state is generally obtained by receiving a passing grade on the National Council License Examination for Registered Nurses (NCLEX-RN). Once you pass the NCLEX-RN and are licensed in a state, if desired, you may subsequently apply to other states through a process known as endorsement.
Some states participate in the Compact Licensure Program. A nurse who has a license (in his or her state of residency) is allowed to practice in other states, subject to each state's practice law and regulation. The number of states that are passing laws to permit entrance into the compact licensure program is increasing each year.
Effective October 1, 2002, the NCLEX is offered by the Pearson Professional Centers. Pearson has multiple testing sites in each state and also has sites in Guam, Saipan, Puerto Rico, and the U.S. Virgin Islands. Some states allow nurses to sit for the NCLEX examination an unlimited amount of times however if you do not pass it you must wait 90 days before retaking and pay new fees. If you reach the limit of permissible amount of times, you may be required to take courses in the areas that you are deficient before sitting again for the examination.
Source: www.placementauthority.com/faq.php
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I'm a nurse that will enter under an H-1B Visa. Will I be able to bring my spouse and children?
The children and spouse may enter as H-4 derivatives, but will not be authorized to work until they convert to permanent resident status through other avenues or obtain a separate sponsorship for H-1B Visa. The children will be allowed to attend school.
Source: www. placementauthority.com/faq.php
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I'm a registered nurse in Philippines and intend to work in US. What are my chances of geting a job?
Due to the immense shortage of Nurses in the United States, many of the employers are endlessly searching for qualified Nurses in other countries, one of which is the Philippines, to satisfy their need for additional personnel not otherwise available locally. Since you are a Registered Nurse, there is a positive chance that you will be sponsored by US-based employers depending on your qualifications and their need for supplemental workforce.
Source: www.saphireamericaninc.com -
If I'll be petitioned as a nurse, how long is the immigration process before I can work to US?
Applicants from the Philippines need to wait for 8-12 months to process their I-140 (Petition for an Immigrant Worker). This entire process undergoes stages of developments involving the United States BCIS (Bureau of Citizenship and Immigration Services), National Visa Center Processing and the United States Embassy in the Philippines.
Source: www.saphireamericaninc.com -
How long does the Arizona Board of Nursing process application forms?
When you receive the Arizona packet, it will have both the NCLEX® application and the Arizona RN licensure by examination packet including fingerprint cards. The fees for the Arizona RN license are $281.00 with fingerprints and temporary license. The fees for NCLEX® are $200.00. In addition, the foreign educated nurse must have the nursing school transcripts "certified" by an acceptable agency to be equivalent to a US Nursing education and the licensure of the nurse verified. One agency that is acceptable is the CGFNS Credential Evaluation Service. This fee is $270.00. Arizona will notify NCLEX® when all this paper work is received and reviewed by AZ staff, if the nurse is approved to take the NCLEX®. If so, then NCLEX® mails the ATT. The nurse has 90 days in which to schedule the NCLEX at one of the worldwide test sites.
Source: www.nurseimmigrationusa.com -
Is it true that passing the CGFNS is no longer a prerequisite to take the Arizona Board Exam?
Yes. It is true. All Arizona licensed RNs who have a valid, current address, would have received the Board Newsletter the first few weeks of August. The story is on the front page. The web must not be updated. They have updated the applications that are mailed or picked up at their offices. There were several changes specific to foreign educated nurses.
Source: www.nurseimmigrationusa.com -
I've been offered a job in United Kingdom. Can work in England while paperwork is processed in USA?
The US immigration process for Philippine nurses currently takes at least one year from the time the I-140 is filed. It does require the nurse have proof of a score of 400 minimum on the CGFNS examination or be licensed in one of the states of the USA as well as a US employer sponsor. Any of our nurse hires may work in any position in any country during this time of processing. Please keep us informed as to your address. In addition, our attorneys may arrange your embassy interview in the country you are working. However, when the visa is issued to the nurse, you must travel to USA within 6 months according to law or the visa is invalid. In addition, CHW-AZ requires our new nurse hires to start work as soon as possible. The nurse who does not arrive within the time allowed for the visa, would have broken their contract. This means the nurse must financially reimburse CHW-AZ for the monies spend in their behalf.
Source: www.nurseimmigrationusa.com -
I intend to go to California for my nursing job. So can I skip CGFNS and take the NCLEX instead?
Yes. California is one of the states that does not require the CGFNS exam in order to be approved to sit for NCLEX®. You can skip CGFNS exam in many cases. Although Arizona currently requires the CGFNS exam, they will endorse a foreign educated nurse who is licensed in another non-CGFNS state such as California. Arizona does require that the nurse obtain a CGFNS Credential review of their transcripts and validation from the PRC, in the case of the Philippines.
Source: www.nurseimmigrationusa.com