Green card – Registered Nurses
The US Department of Labor has identified certain occupations as Schedule A shortage occupations where there is a lack of qualified US workers. For these occupations, there is a blanket labor certification process where noncitizens can be employed without adversely affecting US workers’ wages and working conditions. Registered nurses and physical therapists are considered Schedule A shortage occupations by the US Department of Labor, which means that they are in high demand and there are not enough people to fill these positions. This also means that it is easier for RNs and physical therapists to immigrate to the United States compared to individuals in other occupations as employers do not have to go through a lengthy and costly PERM process.
Prerequisites before migrating to the United States
- Bachelor of Science in Nursing
- Have a license to work as RN
- Pass National Council Licensing Examination (NCLEX) . The NCLEX-RN is a computer adaptive test that nursing graduates must pass in order to become licensed as Registered Nurses in the US and Canada. It is a requirement for anyone wishing to become a Registered Nurse in these countries.
- May need to pass the Commission on Graduates of Foreign Nursing Schools (CGFN) examination.
- Pass an English Examination. See the International English Language Testing Service (IELTS) or Test of English as a Foreign Language (TOEFL)
- Obtain a Visascreen certificate. Please note that Health care workers who received their degrees in the United States, Canada (except for Quebec Province), Australia, New Zealand, Ireland, and the United Kingdom are exempt from having to take English Exams for VisaScreen.
Temporary Visas
- H-1B Visa for Skilled Workers
In order to work in the United States, the foreign national must qualify for a specialty occupation. Generally speaking, Registered Nurses would not qualify for an H-1B1 visa, however, there are some specialized occupations that require Nurses with a bachelor’s or higher degree (such as APRN) and as a result, this would satisfy the requirements for the H-1B visa. Other requirements may be a state license to practice the occupation, completion of a degree, experience, and expertise. Healthcare workers such as medical technologists, occupational therapists, pharmacists, physical therapists, speech language pathologists and audiologists are eligible for temporary H-1B visas. There is an annual limit of 85,000 H-1B visa petitions that can be approved for cap-subject employers. As the number of petitions submitted exceeds this limit, the USCIS randomly selects which H-1B applicants will receive H-1B status through the lottery system.
A Registered Nurse is also an approved NAFTA profession. The TN NAFTA Work Visa is only available to citizens of Canada or Mexico. Please see here for more information on NAFTA TN Visa.
How can we help…..
If you are a Nurse with at least a bachelor’s degree in an employment position that requires such specialized skills and you want to explore your immigration possibilities, please call the Law offices of Trupti N Patel & Associates – Immigration Lawyer Boston at (617) 367 6750.
Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108
(617) 367-6750
Immigration: Medical Doctors (J-1)
There is a significant shortage of medical doctors in some parts of the United States. In order to help alleviate this shortage the USCIS allows J-1 medical doctors to apply for a waiver for the 2-year residence requirement upon completion of the J-1 exchange visitor program. This program is known as the Conrad 30 Waiver Program. Even though each State has set forth its own rules regarding applications under this waiver program, the following basic program requirements must be met by all J-1 medical doctors:
- The waiver applicant must be employed full-time or have a contract with a healthcare facility that is located in an area that is designated as a Health Professional Shortage Area (HPSA), Medically Underserved Area (MUA) or a Medically Underserved Population (MUP) by US Department of Health and Human Services.
- The Waiver Applicant must obtain a “no objection” letter from the government of his or her home country if they funded their exchange program
- The waiver Applicant must begin employment at the health care facility within 90 days of receipt of the waiver.
Once the J-1 medical doctor has been granted a waiver, the following actions must be taken:
- The petitioner must apply for a change of status from J1 to an H-1B visa.
- The spouse and/or child of the waiver recipient must also apply for a change of status from a J-2 to an H-4 visa.
- The J-1 medical doctor must practice medicine for a period of at least three years in an area designated by HHS as an HPSA, MUA, or MUP.
Permanent Residency
Once the Conrad 30 waiver recipient has fulfilled all of the terms and conditions imposed on the waiver, they, their spouse, and/or child will become eligible to apply for one of the following:
- An immigrant visa
- Permanent residence
- H or L nonimmigrant visa
If waiver recipient fails to fulfill the terms and conditions imposed on the waiver, they, their spouse and/or children will once again become subject to the 2-year foreign residence.
How we can help…
The Law Office of Trupti N Patel & Associates, Immigration Attorney Boston has helped individuals apply and successfully obtain waivers under the Conrad 30 Waiver Program. If you would like a consultation with one of our immigration Attorneys, please call us at (617) 367-6750 or click here to submit a request for a consultation regarding the Waiver program.
If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office
Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108
(617) 367-6750
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Business Immigration : TN Visa
The North American Free Trade Agreement (NAFTA) was an accord signed by the United States, Canada, and Mexico with the aim of creating trade and economic relationships between the signatory countries. The non-immigrant TN visa was created to permit qualified Canadian and Mexican nationals to enter the United States in order to carry out business-related activities.
Eligibility Requirements
In order to qualify for the TN visa, the professional worker must :
- Be able to show that they are citizens of Canada or Mexico.
- Show that their profession is approved for a TN visa as per the NAFTA agreement and that the worker is qualified for that profession.
- Prove that the position requires a NAFTA professional and that they have an offer of employment from a US organization.
Canadian Citizens
Canadian citizens do not need to apply for a TN visa at a consulate. They can show eligibility to a Customs and Border Protection Officer at the U.S. port of entry. The following documentation of required :
- Proof of Canadian citizenship
- Letter of employment from the U.S based employer showing the professional nature of the worker’s occupation, Educational qualifications, and the length of the worker’s stay.
The US employer can also apply for a TN visa on behalf of the Canadian worker by sending an application to the USCIS. On approval, the worker can enter the United States by showing proof of Canadian citizenship and the TN visa Approval notice.
Mexican Citizens
Mexican citizens must apply for a TN non-immigrant visa at a US embassy or Consulate in Mexico before entering the United States.
Length of Stay
The initial length of stay is for up to 3 years. If the worker wants to extend their stay beyond the initial period, they must apply for an extension prior to leaving the United States. If the worker left the United States while they were in status, they may re-enter the United States with the same documentation that was part of the initial application for the TN non-immigrant visa.
Dependents
The spouse and children (under 21 years of age) of the principal TN visa holder may also apply for a non-immigrant TN visa. The dependents are not permitted to work while in the United States and the length of their stay cannot exceed that of the principal TN visa holder.
How we can help….
The experienced Immigration Attorneys at the Law Offices of Trupti N Patel. Business Immigration Attorney, Boston has helped Canadian and Mexican citizens as well as US companies obtain TN visas on their behalf. Please call our Law Offices at (617) 367-6750 to see how we can help you with obtaining the TN visa for you or your employees.
If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office
Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108
(617) 367-6750
The non-immigration R-1 visa is reserved for the persons who wish to enter the United States to temporarily work in a religious occupation or vocation such as a minister. The R-1 recipient’s employer must be a non-profit religious organization located in the United States or a religious organization that is covered by tax exemption requirements or a non-profit religious organization that is affiliated with a religious denomination in the United States. The R-1 visa is available for religious occupations that are defined as those whose duties must:
- related to a traditional religious function
- recognized by the denomination
- clearly show and involve carrying out the religious creed and beliefs of the denomination.
The term “Religious occupations” does not include primarily administrative or support positions such as janitors, maintenance workers, clerical employees, fund-raisers, or similar positions solely involved in raising funds. Some of the qualifying occupations include ministers, clergy, nuns, monks, religious brothers and sisters, liturgical workers, religious instructors or counselors, cantors (choir leaders), catechists, workers in religious hospitals or religious health care facilities whose job duties involve furthering the religion’s creed and beliefs, missionaries, religious translators, and religious broadcasters. The occupation must require at least 20 hours of work.
Eligibility
To qualify for the R-1 visa, the foreign national must show that they have been a member of a bona fide religious denomination (having a non-profit religious organization status in the United States) for at least two years immediately before applying for an R-1 visa. If the beneficiary is applying for a new R-1 visa (a new five-year maximum stay), they must have resided outside the United States for at least one year.
Period of Stay
An initial stay of 30 months may be granted to the R-1 recipient by the USCIS. This can be extended for another 30 months but cannot exceed 5 years.
Family of R-1 Visa Holders
The spouse or unmarried children under the age of 21 of an R-2 recipient may qualify for an R-2 visa. An R-2 visa holder is not authorized to work in the United States.
How can we help….
The Law Offices of Trupti N Patel & Associates – Immigration Attorney Boston – has been successful in helping individuals as well as religious organizations apply for R-1/R-2 visas. Please call our offices at (617) 367-6750 to see how we can help with your questions regarding the R-1 visa.
If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office
Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108
(617) 367-6750
Immigration: Q Visa
The non-immigrant Q visa is allocated for those foreign nationals who want to travel to the United States on a cultural exchange program as designated by USCIS. To qualify for the non-immigrant Q visa, the beneficiary must show that they are planning on attending an international cultural exchange program in the United States. The purpose of the cultural exchange program is for foreign nationals to share the history, culture, and traditions of their home country with the people in the United States. Only the employers who organize and manage the approved cultural programs can petition for a Q-1 visa on behalf of the beneficiary.
Period of Stay
USCIS will determine the initial time the artist/performer/group can remain in the United States based on their evaluation of the time that will be needed for completion of the event. This initial period of stay could be up to a maximum of one year. This may be extended in increments of one year.
Family Members
The Q-1 visa does not have any provision for the spouse and/or the children accompanying them under the same visa classification. However, they may qualify for another visa classification such as a B2 visitor visa. Once the cultural program is complete, the Q-1 visa holder must leave the United States and can only apply for a Q-1 visa for another cultural program in the United States after they have been outside the United States for one year.
How we can help…..
If you are planning on participating in a cultural event that will be hosted in the United States, please contact the Law Offices of Trupti N Patel & Associates, Boston Immigration Attorney to see how we can help you with questions on the immigration process of attaining the Q-1 visa.
