Temporary Visas for Nurses

Although most RNs do not qualify for temporary working visas, it is possible to obtain temporary visas or work permits for nurses in the following categories:

Trade NAFTA Work Permits (TN Status) - For Canadian and Mexican Citizens Only

U.S. employers may apply for registered nurses who are citizens of Canada and Mexico to work in temporary "TN" status.

They may obtain Trade NAFTA (“TN”) status if:

1. They have an offer of employment from a U.S. employer for a period not to exceed one year;
2. They are licensed in Canada/Mexico and in the state of intended employment;
3. They are in possession of a VisaScreen certificate;
4. They have a proof of Canadian or Mexican citizenship; and
5. They pay a small fee to enter the U.S.

For Canadian citizens, TN status may be renewed on a yearly basis either by having the nurse reenter the U.S. with the documents listed above, or by requesting an extension of TN status from the CIS Service Center in Lincoln, Nebraska.

While RNs who are Canadian citizens may obtain TN status without obtaining a visa or a petition, RNs who are citizens of Mexico must apply for TN visas at a U.S. consulate in Mexico only after their U.S. employers have obtained the approval of a TN petition for them in the U.S.

A TN nurse is not supposed to have any intention of remaining permanently in the U.S. This becomes an issue if a TN nurse decides to apply for permanent residence in the U.S.

H-1B Specialty Occupation Status

Traditionally, RNs have been considered “professionals” under U.S. immigration laws. From 1952 to 1989, U.S. employers could hire foreign-born nurses using “H-1” temporary visas. In 1989, the Immigration Nursing Relief Act (INRA) was enacted as a five-year pilot program. INRA provided that only health care facilities with “attestations” approved by the Labor Department could obtain “H-1A” status to employ nurses on a temporary basis in the U.S. When INRA expired in the mid-1990s, Congress decided not to extend the law since there was no shortage of RNs in the U.S. according to the ANA.

At the invitation of Senator Sam Brownback (R-KS), Attorney Carl Shusterman testified before the Senate Committee on Immigration in 2001 regarding the need for Congress to reestablish a temporary visa program for foreign-born RNs. Mr. Shusterman also assisted Senator Brownback's staff in drafting a bill which would have created a new temporary visa category for registered nurses. Unfortunately, this bill was not enacted into law.

Other occupations which formerly fell within the “H-1” category became part of the new “H-1B” category. The Immigration Act of 1990 provided that only those occupations for which a four-year university degree was a prerequisite for employment could qualify for “H-1B” status. However, in 1991, the “H-1B” category was amended to include certain foreign-born fashion models after extensive lobbying by that industry.

The H-1B category is an ineffective vehicle for most health care facilities who wish to employ RNs since the minimum entry requirement for most staff RN jobs is a two-year associate degree rather than a four-year bachelors’ degree. However, where a facility can justify that a four-year degree (or equivalent) is the minimum entry requirement for a job, such an RN may be granted an H-1B visa. An INS memorandum, dated November 27, 2002, explains the requirements for a registered nurse to obtain H-1B status.

Registered nurses need to be in possession of a VisaScreen certificate in order to obtain H-1B status.

 

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