Visas for Nurses, Physical Therapists and Other Healthcare Workers
Atty. Robert L. Reeves, May 24, 2012
A common way to acquire lawful permanent resident status in the
However, despite the large number of people attempting to obtain permanent resident status as health-care workers, it remains a complex area of
Health-care workers in certain occupations have been granted distinct advantages in their pursuit of lawful permanent resident status. One advantage is that certain professional nurses and physical therapists are not required to have their employer file a Labor Certification with the Department of Labor.
There are several categories of health-care workers that are not required to have a labor certification filed for them, including certain professional nurses and physical therapists. However, the health-care workers that qualify for this exemption are still required to have a certificate attesting to their professional qualifications.
The required certificate will only be issued if the intending immigrant has sufficient education and training, oral and written English competency, and can pass the occupation’s licensing or certification examination.
Health-care occupations requiring this certification are enumerated in the Federal Regulations. The U.S. Citizenship and Immigration Service (“USCIS”) will also make an individualized determination based on the intending immigrant’s job duties to determine if the position falls into one of the listed health-care occupations.
The health-care worker’s employer must file the required petition with the USCIS. The USCIS will review the petition in conjunction with the employer’s required financial documents and the applicable documents regarding the alien’s qualifications for the offered position. Health-care workers must also document that they are eligible for licensure in the state of intended employment. The failure to submit all required information with the initial filing can result in the USCIS issuing a “Request for Evidence” (“RFE”).
Following the approval of the employer’s petition, the intending immigrant may be granted lawful permanent resident status once his or her priority date becomes current.
Obtaining lawful permanent resident status in the
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Author's Note: The analysis and suggestions offered in this column do not create a lawyer-client relationship and are not a substitute for the individual legal research and personalized representation that is essential to every case.