About Registered Nurses
In Case You Haven't Heard
Just the other day a gentleman walked into my office and asked me to file an extension of his H-1B status. As I was gathering the necessary information to prepare his case, I discovered that he was actually a licensed Physical Therapist! I asked him why he did not want to file for Permanent Residency and he said that he thought his visa category was backlogged and he would have to wait.
I am now helping him apply for permanent residency as well as for an extension of his H-1B status.
On May 11th of this year Congress passed legislation that made an additional 50,000 visas available to people working in "Schedule A" occupations. "Schedule A" occupations are those occupations that, because of chronic shortages in qualified workers, do not require an Alien Labor Certification before applying for permanent residency.
Currently, the only occupations specifically identified on Schedule A are Physical Therapists and Professional Nurses. Right after the law passed, many immigration practitioners wrote columns telling you about this development. However, my client didn't know about it - and since he didn't know about it perhaps some of you didn't know about it either.
Professional Nurses. By far the most common Schedule A cases I see are for Professional Nurses. However, many individuals believe that you actually have to be a licensed Professional Nurse in order to qualify. This is not correct. The regulations state that "[a]n employer seeking a Schedule A labor certification for an alien to be employed as a professional nurse must file as part of its labor certification application documentation that the alien has received a Certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS); that the alien holds a full and unrestricted (permanent) license to practice nursing in the state of intended employment; or that the alien has passed the National Council Licensure Examination for Registered Nurses (NCLEX- RN)." This means that an alien who is not yet licensed, but who has passed the NCLEX exam, can file for permanent residency. And because of the additional 50,000 visas available for this particular category, a qualifying individual can apply for permanent residency right now.
Although I get fewer inquiries regarding physical therapists, many people believe that an individual must be a licensed physical therapist before they can apply for permanent residency. This is also incorrect. The regulations state that "[a]n employer seeking Schedule A labor certification for an alien to be employed as a physical therapist must file as part of its labor certification application a letter or statement, signed by an authorized state physical therapy licensing official in the state of intended employment, stating the alien is qualified to take that state's written licensing examination for physical therapy. So if you have a letter from the California physical therapy board (or any other state's physical therapy board) stating that you are eligible to sit for their licensure exam, you can apply for permanent residency. And because of the additional 50,000 visas available for this particular category, a qualifying individual can apply for permanent residency right now.
Just today, the United States Visa Office told us that, even with these additional 50,000 visas, nearly 85% of their visas will have been used by the end of this month. So, if you or someone you know may qualify for this benefit, now is the time to take advantage of this opportunity.
