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Lawful permanent resident (LPR), or "green card," status is the most frequently used immigration
petition
for registered nurses (RNs). LPR status allows a nurse and his or her family to
permanently come into the U.S. through a sponsoring employer. The LPR
process is explained below in detail.
CGFNS Certificate Program
The starting point for most registered nurses outside the U.S. is the
CGFNS Certificate. The
CGFNS
Certification Program is designed specifically for first-level, general
nurses educated and licensed outside the United States who wish to assess
their chances of passing the U.S. registered nurse licensing exam, the NCLEX-RN®
examination, and their chances of attaining licensure to practice as
registered nurses within the United States. In many cases, passing an
examination conducted by the CGFNS is required for state licensure.
The program is comprised of three parts: a credentials review of the nurse's
education, registration and licensure; the CGFNS Qualifying Exam, a one-day
qualifying exam testing nursing knowledge; and an English language
proficiency exam. The applicant may choose from among three qualifying
English language proficiency exams: the
TOEFL or TOEFL iBT, the
TOEIC,
or the IELTS.
These exams can be taken at centers outside of the U.S. Upon successful
completion of all three elements of the program, the applicant is awarded a
CGFNS
Certificate.
VisaScreen Certificate
The U.S. consulate requires a nurse to have a
VisaScreen Certificate or comparable certification from an authorized
credentialing organization. Currently, the law requires all foreign-born
nurses, irrespective of where they were educated or trained, to meet the
certification requirement in order to enter the United States. The Visa Screen process is provided by the
Commission
on Graduates of Foreign Nursing Schools (CGFNS). The requirements of
the VisaScreen Certificate, as well as procedures for obtaining the
certification, are fully explained in our article entitled
The VisaScreen Certificate: An
Explanation of the Requirements for Nurses and Other Allied Health Care
Professionals.
The VisaScreen program is comprised of an educational analysis, licensure
validation, English language proficiency assessment, and an exam of nursing
knowledge. Once the applicant has successfully completed all elements of the VisaScreen
program, the applicant is awarded a VisaScreen Certificate, which can be presented to a
consular officer.
State Licensure
Finally, a nurse must satisfy the requirements for obtaining a registered
nursing license in the state in which s/he intends to practice. Each state
has a state board of nursing that governs state licensure for health care
professionals. At a minimum, a nurse will be required to take the state
licensing exam to obtain a state license to work as an RN. Additional
requirements for licensure are dictated by each individual state board of
nursing. For further information on an individual state’s licensure
requirements for foreign national nurses, see the
National Council of State
Boards of Nursing WebSite.
Schedule A - No Labor Certification Needed
Because the occupation of RN is listed by the DOL on "Schedule A;" a known
shortage occupation. Schedule A is a blanket determination made by the DOL
that foreign workers holding jobs listed on the schedule will not harm the
U.S. workforce or the economy. This blanket determination means that people
qualified to perform these jobs are able to petition the USCIS to process
their green cards. On the other side of the coin, because Schedule A workers
are part of the EB3 category, their visa numbers may not become available
for a number of years, based on the current EB3 priority date. The law may
change in the future, however, to allow for Schedule A workers to form their
own subcategory with a more recent priority date.
In order to file the I-140 petition for an RN, it is necessary to submit the
appropriate documents to show that the petitioner is eligible for the
Schedule A designation and that the RN has a prospective employer who is
willing to offer a position as the I-140 petitioner.
Registered Nurses within the U.S. Seeking LPR Status
Nurses already present in the U.S. can follow the same procedure to attain
LPR status as nurses outside the U.S. by obtaining both the
CGFNS Certificate
and the
VisaScreen Certificate.
The nurse would also be required to obtain state licensure in the state of
intended practice before starting employment as a registered nurse.
Alternatively, a nurse already present in the U.S. may elect to forgo the
CGFNS Certificate and instead directly obtain state licensure. State
licensure is an alternative to the CGFNS Certificate requirement for filing
the Schedule A and obtaining the VisaScreen certificate. A nurse should be
cautioned, however, that most states require the CGFNS Certificate for state
licensure for foreign educated nurses. Therefore, this shortcut is only a
viable route for a nurse who intends to practice in one of the approximately
12 states which does not require the CGFNS Certificate for licensure.
A nurse who is present in the U.S. may have more options for fulfilling the
English language exam requirements. In the past, nurses have frequently
chosen to take the TOEFL/TWE and TSE to satisfy the language requirement.
Statistically, the TSE has proven to be the greatest obstacle for foreign
nurses. Now, two additional English proficiency exams, the TOEIC and the
IELTS, are offered to satisfy the English language proficiency requirement.
While administration of each exam varies by country, each exam is offered in
the U.S.
For foreign national nurses who wish to practice in the U.S., the option of
obtaining permanent residence through a job offer remains one of the best options.
Nurses benefit from being in a Schedule A occupation, which reduces some of
the time and the overall expense of the process. While the process requires each nurse to complete
a battery of exams as well as credential and licensure reviews, it provides
assurance to nurse candidates that they are amply qualified in all respects
to provide safe and effective nursing practices and meet their professional
career goals while practicing in the United States.
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FIRM. All Rights Reserved
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