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Green
card for Registered Nurses
Registered nurses seeking permanent
residence in the United States do not need to go through labor certification.
Department of Labor ("DOL") favorable regulations exempt registered
nurses from labor certification approval as a prerequisite for employment-based permanent
residence.
To qualify for labor precertification as
a professional nurse, the alien nurse must show that she/he has passed the Commission on
Graduates of Foreign Nursing Schools ("CGFNS") examination or that she/he
currently holds a valid and unrestricted license to practice in the state of intended
employment. Therefore professional nurses who have temporary, provisional or
otherwise restricted State licenses are not exempt from the CGFNS exam. They must show
that they are permanently and fully licensed in the State of intended employment or pass
the CGFNS exam. (The CGFNS is an independent, non-profit organization which developed the
CGFNS examination to test the capabilities of foreign professional nurses in all areas of
nursing for which American nurse graduates are responsible, and to give an objective
estimate of their ability to pass licensure examinations in the United States. The CGFNS
is located at 3600 Market Street, Philadelphia, PA, 19104-2651; telephone: (215) 349-8767;
fax: (215) 349-0026; e-mail: support@cgfns.org,
www.cgfns.org).
The INS issued interim regulations on
October 14, 1998, which become effective on December 14, 1998. The interim regulations
confirm that CGFNS is the designated credentialing organization for registered nurses.
They also confirm that a certificate which meets the requirements stated therein is
sufficient to overcome this ground of exclusion. Finally, the regulations confirm that
Graduates of health professional programs in Canada (except Quebec) are exempt from the
English language requirements of section 343 of IIRAIRA for the duration of the interim
regulation.
In addition to above requirement,
registered nurse must have a US employer to file the green card petition for him/her.
The employer should be US institutions where a registered nurse can be employed.
When the green card petition is being filed by the employer, the alien nurse does
not need to work for the employer.
Like other employment-based immigration,
the other family members, spouses and minor children of the registered nurse will be given
derivative immigrant status once the registered nurse has been granted an immigrant visa.
If you have more questions about immigration
issues of registered nurses, please contact us.
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