Physical Therapists and Professional Nurses

Massa Viana Law

Physical Therapists and Professional Nurses

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.

Real Stories

Hear directly from those who have already obtained a green card or citizenship with us

FAQ

Frequently Asked Questions

Schedule A Occupations are roles maintained by the Department of Labor (DOL) that are predetermined to have a shortage of qualified U.S. workers. For these roles, the PERM labor certification process is waived. Nurses and physical therapists are covered under Schedule A, Group I.

Employers must offer full-time, permanent employment, pay at least the prevailing wage, notify the employer’s bargaining unit or employees, and ensure that the beneficiary meets USCIS eligibility requirements.

Yes, evidence like a full, unrestricted permanent license to practice nursing in the state of intended employment or a certificate from the CGFNS must be provided.

A professional nurse is one who applies nursing principles derived from physical, biological, and behavioral sciences and engages in making clinical judgments among other duties.

shortly…

If you still have questions, contact us now by clicking the button
“I still have questions”

Still have doubts?
Talk to us now

Embrace Your American Dream with Our Immigration Support

We will put you on a path to a Green Card

Our immigration lawyers will be honored to guide you through the immigration maze, leading you in every step of the immigration process.