I. IMMIGRANT VISA
Permanent Residency (Green Card)
A foreign RN is allowed to work in the U.S. under an immigrant status through sponsorship. By having a green card, an RN can even sponsor his family in the long run. However, there are cases wherein the family can go at the same time with the nurse provided that it is in the contract agreed upon by both the nurse agency and the applicant.
II. NON-IMMIGRANT VISAS
TN Status for Canadian Citizens
The NAFTA or North American Free Trade Agreement permits Canadian nurses in a simplified US entry. NAFTA states that all TN visa applicants must meet the criteria or credentials to be considered as a professional. The credentials are established if a foreign RN has a state or provincial license to practice in the intended state of employment. The TN status will only be granted after such license is acquired. Under the TN status, entry to the US may be permitted with a temporary or interim license. Workers wishing to enter the US under a TN category can even submit a TN application at their port of entry prior to finally stepping on the US land. All it takes is a properly completed application and the worker will just hang for minutes to know the result.
TN workers are given an initial stay of one year in the US which can be extended upon request.
H-1B Visa for Non-Canadian Citizens
All other nationalities seeking employment in the US qualifies for the H-1B category provided that he or she will work in the “specialty occupation.” Also, the job must show that someone in specialty occupation must fill it. If it does, the H-1B worker must also satisfy the job qualifications and requirements.The nursing occupation is considered as a specialty occupation. Thus, a foreign nurse must possess the following before he or she can be eligible to H-1B visa. a. full state licensure, if required b. either of the following: i. completion of a bachelor or higher degree (or its equivalent) in the specific nursing specialty; or ii. experience in the specialty equivalent to the completion of such degree and recognition of expertise in the specialty through progressively responsible positions relating to the specialty.Before a U.S. employer can hire an H-1B nurse worker, his or her compliance to labor requirements is a must. One of these labor law is that the employer must give higher compensation to the h-1B worker than those workers of the same job and it must be higher than the prevailing rate in the area. This type of visa has initial validity of up to three years and can extended for a maximum of three years with a maximum stay of six years in the U.S. Before the worker can apply again for the H-1B visa, a one year absence in the U.S. is necessary.