Generally, employment-based petitions are subject to a test of the labor market, called the labor certification process, which certifies that a job will not displace U.S. workers. However, the Department of Labor has determined that a list of positions are exempt from this test as there is not a sufficient number of U.S. workers who are able and qualified for the occupation. These occupations are referred to as Schedule A occupations, and includes nurses and physical therapists.
The U.S. Census Bureau reported that by 2034, there will be 77.0 million people age 65 years and older compared to 76.5 million under the age of 18. According to the American Association of Colleges of Nursing (AACN), the nursing shortage is “only expected to intensify as Baby Boomers age and the need for health care grows. Compounding the problem is the fact that nursing schools across the country are struggling to expand capacity to meet the rising demand for care.”
As such, health institutions may see it increasingly necessary to rely on foreign workers to meet this demand.
Specifically for sponsoring nurses, the petitioning employer needs to be offering a position for a professional nurse, and the professional must possess either a full license to practice in the state, evidence of passing score on the examination for Registered nurses (NCLEX-RN), or a certificate issued by the Commission on Graduates Foreign Nursing Schools (CGFNS).
Generally, in Massachusetts, nurses who hold a foreign nursing degree will need to show that their formal education was through a Board-approved nursing educational program, which can be evidenced with a CGFNS certificate. The state also requires language proficiency.
Prior to filing of the employment petition for a nurse with Immigration, employers must obtain a prevailing wage determination with the Department of Labor. Once the employment-based petition is approved and its priority date becomes current, the professional nurse may apply for adjustment of status or consular processing to obtain a green card.
