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The following links will
provide you with information on each bill.
Nursing Relief Act of 2009 (House Bill 1011)
The
goal is to create a new nonimmigrant visa category for
registered nurses.
Emergency Nursing Supply Relief Act (House Bill 2536)
The goal is to make additional immigrant visas for
healthcare workers available.
You can follow the process of each bill on the
respective websites.
H-1B
Work Visas
The H-1B visa program is designed for
U.S. employers who wish to employ foreign workers in
specialty occupations - including nursing - that require
a bachelor’s degree.
In a hospital environment this means that international
candidates have to be hired into a position which
requires a BSN degree.
Certain health care facilities are exempt from visa
quotas for hiring international nurses under H-1B work
visas if certain conditions are met. The conditions
include that the hospital sponsoring the nurse has to be
a non-profit organization and has to be affiliated with
an institution of higher learning such as a medical
school.
While the total number of H-1B visas for nurses approved
in the US is still relatively small the numbers have
increased over the last few years.
The law firm we work with has successfully processed
many H-1B visas for nurses and is very familiar with the
requirements hospitals have to follow and fulfill. If
you work for a
US
health care provider interested to learn more about H-1B
visas for international nurses please give us a call at
(877)
927-1044.
E-3
Visas for Australian Nurses
Nurses
from Australia who Australian citizens and have obtained
a Bachelor's degree in Nursing can work in the United
States with an E-3 visa. The E-3 visa is very
similar to the H-1B visa. One main difference
between the E-3 and the H-1B visa is that the spouses of
nurses on an E-3 visa can obtain a work authorization in
the United States based on the E-3 status of the nurse.
TN-1 and TN-2 Visas (NAFTA Professional Visa) for
Canadian and Mexican Nurses
These visas were created as part of the
North American Free Trade Agreement (NAFTA) to enable
professionals in various professions (including nurses
who qualify as Registered Nurses in the United States)
from either Canada or Mexico to work in the United
States.
TN visas are issued for a period of three years and can be
renewed indefinitely as long as the applicant is
employed in an approved profession.
J-1 Exchange Visitor Visas
International nurses who have obtained a BSN degree in their
home country can study for a
MSN degree in the United States on a J-1 Visa.
This visa type allows them to work part time
during the spring and fall semester and full time during the
summer semesters in a clinical hospital setting. They are also eligible for 18 months of
practical training after they have graduated.
International nurses interested to participate would need to
obtain a state nursing license.
Please
contact us for more information about this program to determine
if it would be beneficial for your hospital to sponsor
international nurses to obtain a MSN in the United States while
they work at your facility.
Immigrant Visas
As of July 2010, employment based immigrant visas in the
employment category applicable to
international nurses with Bachelor's Degrees (EB-3) are
available but there are substantial wait times are
several years for all countries.
As of July 2010, employment based immigrant visas for international nurses
with a Master's or Doctorate degrees (EB-2) are current for
all countries expect China and India which means these
visas will be processed without delay.
However, even in this case it
would be faster to apply initially for a H-1B work visa
initially - for example if the nurse intends to work as
a nursing instructor in the United States - and to apply
for an immigrant visa once the nurse has arrived in the
United States.
Most recent updates
Following is a link to the latest visa bulletin from the
US Department of State for July 2010:
http://travel.state.gov/visa/bulletin/bulletin_5019.html
Bringing Spouses and Children
International nurses
may bring their spouses and unmarried children under the
age of 21 to the US with them.
If the international nurse is employed in the United
States under a work visa the spouse and unmarried
children are allowed to stay in the United States on an
H-4 dependent visa but are not allowed to work in the United States.
If the nurse is subsequently sponsored for an immigrant
visa the spouse and unmarried children under 21 can
apply for an immigrant visa as well. This is known as
derivative status. No additional petitions need to be
filed, the family members just need to be mentioned on
the I-140 petition being filed on behalf of the
qualifying international nurse. European Medical Staffing may also be
able to help qualified spouses of international nurses to find
employment in the US.
Since immigration procedures will change over
time, the information on this website is only intended
as a guide to the overall procedures. The actual
process of obtaining the immigrant visa should be
handled and supervised by an attorney who specializes in
immigration law.
Legal disclaimer: None of
the information provided by European Medical Staffing is
intended to be or used as legal advice.
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