Nursing Petition Process Frequently Asked Questions

nurse petition
nurse petition

“A Nurse Petition is Pre-certified Schedule A. This means you do NOT need a PERM with the Nurse Petition and can go right to the I-140.”

— Brian D. Lerner, Immigration Lawyer
Do you need a sponsor for the Nurse Petition?

Yes

Must the sponsor be a hospital?

Not necessarily. It could be a home health care or other agency that needs RN’s.

Can a CN or LVN do a nurse petition?

No. It must be an RN

Do I need to pass the CGFNS?

Yes. However, if you already have a State License to practice, you would not be required.


green card

This type of visa will allow you to obtain the Green Card for you, your spouse and your unmarried children under 21 years old. Immigration information available shows that this is what is known as a schedule A category and that it is assumed there is a high need for registered nurses without having to prove that need.

petition

If you are a nurse, you do not need to go through the lengthy Labor Certification process which can take several years. Rather, if you pass the required examinations, you can have a sponsor petition you immediately.

There are an official shortage of Registered Nurses in the United States, and therefore, this profession is given a fast priority to get to the United States. People who qualify for this type of visa are given special preference.

nurse petition

Nurses
(a) Need to show employed as professional nurse;
(b) Need to show that nurse received a certificate from CGFNS, holds a full and unrestricted permanent license to practice in the state of intended employment or has passed the NCLEX-RN.

visa

The RN would normally be considered to be an EB-3 or second preference petition. Years past, there were years that people had to wait in order to proceed forward. However, most of the EB-3 from most of the world has a much shorter wait these days.

green card

You cannot self-petition as an RN and must have a sponsor. You must be offered the prevailing wage and the offer of employment must be full time.

Schedule A Nurse Petitions can be processed relatively quickly if done properly

nurse petition

“Physical Therapists are also Schedule A pre certified positions as is an RN. Therefore, you do not need a PERM if you are a Physical Therapist.”

–Brian D. Lerner, Immigration Attorney