For many foreign-educated nurses and physical therapists, the dream of practicing in the United States and living there permanently is a goal worth pursuing. The U.S. Green Card, officially known as the Permanent Resident Card, serves as the golden ticket for foreign nationals seeking to establish a life and career in the U.S. This guide outlines the critical steps involved in securing a Green Card, specifically under the EB-3 visa category, which is often the most viable pathway for nurses and physical therapists.
Step-by-Step Process to U.S. Residency
1. Labor Certification: The First Hurdle
The journey begins with the prospective U.S. employer filing a Labor Certification application with the Department of Labor (DOL). This step is crucial as it aims to ensure that hiring a foreign worker will not disadvantage U.S. workers in similar roles. The certification process assesses the local labor market for qualified and available U.S. workers. Success in this phase means the job can be offered to a foreign national.
2. I-140 Petition: Establishing Eligibility
Following a successful Labor Certification, the next step involves the employer filing an I-140 Alien Worker Petition with the U.S. Citizenship and Immigration Services (USCIS). This petition confirms the foreign worker's qualifications and categorizes them under an appropriate visa class, setting the stage for the Green Card application.
3. Immigrant Visa or Adjustment of Status
With the I-140 petition approved, the candidate can then apply for an immigrant visa at a U.S. consulate or embassy. Those already in the U.S. might opt for an adjustment of status to transition to permanent residency without leaving the country. Notably, nurses can apply for the I-140 and adjustment of status concurrently, streamlining the process.
Special Considerations for Nurses and Physical Therapists
The healthcare sector's persistent demand makes it somewhat easier for nurses and physical therapists to navigate U.S. immigration pathways. The classification of nursing as a "Schedule A" occupation is particularly beneficial, allowing bypass of the labor-intensive and costly Labor Certification Process. This designation directly addresses the critical shortages in the U.S. healthcare system, facilitating quicker entry for qualified professionals.
Eligibility for Schedule A Designation
- Nurses: Must have a job offer from a U.S. healthcare facility and meet certain educational and licensure requirements, such as passing the CGFNS exam or holding a valid U.S. nursing license.
- Physical Therapists: Require a job offer from a U.S. employer and must meet professional qualifications to practice in their field within the United States.
Filing for a Green Card
Initiating a Schedule A Green Card application involves compiling an extensive I-140 application package, complete with supporting documents like nursing degrees, licensure, and evidence of the employer's financial stability. This package is submitted to the appropriate USCIS Service Center, depending on the employment location or employer's office.
The Role of VisaScreen in Healthcare Immigration
The VisaScreen Certificate is an essential credential for foreign healthcare workers, verifying their qualifications and readiness to practice in the U.S. While not initially required during the I-140 application or adjustment of status filing, it becomes crucial later in the process, especially for those undergoing consular processing.
Pathway to Permanent Residency
For nurses already in the U.S., the Green Card process can be more straightforward, with the possibility of receiving work authorization early in the application process. However, meeting both USCIS and State Board of Nursing requirements remains paramount.
Conclusion
The path to obtaining a U.S. Green Card for nurses and physical therapists is fraught with complexities but offers a rewarding end: the opportunity to contribute to the U.S. healthcare sector and achieve permanent residency. With careful navigation of the outlined steps and adherence to both federal and state regulations, foreign-educated nurses and physical therapists can realize their American dream.
At Quattrochi, Torres & Taormina, we excel in navigating the complexities of the immigration process. Our expertise in immigration law, combined with a compassionate approach, ensures personalized and effective legal support for each client. For expert assistance, particularly in asylum cases, contact us at 407-452-4918 for a consultation tailored to your unique situation.
