Sunday, February 17, 2008

Visa screen for healthcare workers

Registered Nurses and other healthcare professionals are required to submit evidence that they have been certified by the CGFNS (Commission on Graduates of Foreign Nursing Schools) before they will be granted a work based green card. This type of certification is called the visa screen. A visa screen is also required for other health professionals who are applying for H-1B or H-1C work permits in the healthcare field. Such health professionals include physical therapists, physician assistants, and medical technologists. In order to be certified, the healthcare worker must show that his or her foreign college degree is equivalent to the same degree granted in the United States. The worker’s overseas experience should also be very similar to that required of U.S. workers.

Nurses and physical therapists will need to be licensed by the States where they are working. Nurses are required to pass the Nclex test, which is the standard nurse-licensing test in the U.S. In addition, nurses and other healthcare workers are required to pass an English proficiency test to demonstrate that they have the ability to read and write English at a professional level, and speak well enough to be understood in the workplace. These English tests are called TOEFL and IELTS. This information must be submitted to the CGFNS office for nurses, or FCCPT (Foreign Credentialing Commission on Physical Therapists) for physical therapists. It usually takes a number of months before a visa screen certificate will be issued. The certificate itself looks somewhat like a college diploma. I would advise all professional healthcare workers to take the English test as soon as possible and prepare their documentation for submission to the organization that issues visa screen certificates in their particular field. The visa screen must be renewed every five years. However, when the health worker receives legal permanent residence the renewal is not required.

Nurses can get green cards once the visa priority date comes up. Presently, it is about a six-year wait. But, the waiting period changes quite often. A few months ago, the priority date became current for a few short weeks. A qualified RN can apply for a green card if he or she has passed the Nclex licensing test and can find a sponsoring healthcare facility, such as a hospital or large nursing home. No labor certification is needed since the U.S. Government has determined that there is a nationwide shortage of trained, qualified nurses. A visa screen, issued by CGFNS, will need to be submitted to the CIS (Citizen and Immigration Service) before final processing for the green card once the priority date comes up. The CIS will accept the application for a green card without the visa screen certificate, but will send out an RFE (request for evidence) requiring the visa screen certificate before issuance of a green card.

That is why it is so important that nurses take care of this important item of business early on, namely securing the visa screen certificate. Some nurses neglect to get the certificate and it will result in a delay in getting a green card. You don’t want this to happen to you. The actual application is routine for attorneys who are familiar with the process; and the price for legal fees, for all elements of the application, can range from $ 3,000 to $6,000 plus a hefty filing fee. Be sure to hire an experienced lawyer. This is one application that needs to be done by an attorney who has filed this type of application before. Some hospitals will pay the filing fee because they need nurses, and some will pay the entire legal fee.


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