Green Card for a Nurse
Green card for a Nurse – In general, a U.S. employer that wishes to hire a foreign worker on a permanent basis must obtain a permanent labor certification from the the U.S. Department of Labor (DOL) before U.S. Citizenship and Immigration Services (USCIS) can issue a green card. There are few exceptions to this requirement, one such exception applies to those working under the profession of a Nurse. The DOL has predetermined there are not sufficient U.S. workers who are able, willing, qualified, and available to fill the need for Nurse in the United States. This is commonly referred to as a Schedule “A” profession. If you are a Nurse your U.S. employer can sponsor you for a green card through this streamlined process. We have over 20+ years of combined experience practicing U.S. Immigration Law with hundreds of 5 star client reviews. If you need a green card for a Nurse, we can help.
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Green Card for a Nurse on a TN visa
If you are currently in the United States on a TN visa as a Nurse, your employer is able to sponsor you for a green card through this process. As a TN visa holder you must pay careful attention to the timing of each application to avoid any potential issues with your immigration status. Special considerations must be made that do not apply to other foreign nationals on H1B visas or on other immigration visas. It is important to work with a U.S. Immigration Lawyer with specific experience helping TN visa holders with the green card process.
Green Card for a Nurse, Requirements
In general, the minimum requirement for the profession of a Nurse is under The Occupational Information Network (O*NET Online) is less than a bachelor’s degree and falls under the skilled worker classification. However, the minimum requirement for certain advanced or specialized professional nursing occupations can be a bachelor’s degree. Such Nursing positions may be classified under the professional classification. In some cases, the minimum requirements may even be an advanced degree. Those occupations may be properly considered under the advanced degree classification. The USCIS Officer will refer to The Occupational Information Network (O*NET) to determine the minimum educational requirements for Nursing position offered.
Green Card for a Nurse, Self-Petitions Not Allowed!
An alien may not self-petition for Schedule A, Group II designation. Each request for Schedule A designation requires a job offer, and a petition that includes a request for such designation filed by a U.S. employer.
Green Card for a Nurse, Required Documentation
In order to apply for a green card for a Nurse, the employer must complete and submit the following:
- Form I-140 Petition for Alien Workers (Form I-140) with U.S. Citizenship and Immigration Services (USCIS);
- A completed and properly executed DOL Application for Permanent Employment Certification (ETA Form 9089 (PDF);
- A valid prevailing wage determination (PWD) issued by the DOL;
- A properly executed posting notice;
- Copies of all in-house media, whether electronic or printed, in accordance with the normal procedures used in the employer’s organization for the recruitment of positions similar to that specified on ETA Form 9089;
- Evidence that the beneficiary meets the specific DOL requirements for the profession of a Nurse;
- Proof a full-time permanent employment offer to the beneficiary; and
- All other documentation required to show eligibility as for a green card as a Nurse.