Foreign Nurses with CGFNS and NCLEX RN certifications can qualify for work visas or permanent residence

Nurses Immigration

Steps to Your Green Card
U.S. Permanent Residence (Green Card) for Foreign Nurses

Foreign Nurses that have passed the CGFNS exam or are certified as an NCLEX-RN, can qualify to obtain permanent residence, with our assistance, whether they are residing inside or outside the U.S. In addition, we can help foreign nurses find qualified employers to sponsor application for permanent residence.

CGNFS or NCLEX-RN certified foreign nurses belong to the third preference group in employment-based immigration. This category requires employer sponsorship and means only the employer (hospital, nursing home etc.) may apply for permanent residence for foreign nurses. Unlike most of the employment-based immigration application, employers are exempted from filing labor certification, an often lengthy and cumbersome process with the U.S. Labor Department and State Employment Agency.

REQUIRED DOCUMENTS AND QUALIFICATION

Whether applying outside U.S. or within, the nurse must possess:
1. A diploma from a nursing school in her country
2. A license to practice nursing in her country
3. An unrestricted license in a state of intended employment, or a certification that she has passed either the U.S. licensing examination (NCLEX-RN) but cannot obtain the license for lack of a social security number, or she has passed the examination given by Commission on Graduates of Foreign Nursing Schools (CGFNS).
4. Visa Screen Certificate (see below)

LICENSURE BY EXAMINATION

Please note majority of the states require foreign nurses to pass CGFNS before taking the NCLEX-RN. The following are the states with such requirement:

Alabama, Alaska, Arizona, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Vermont, Virginia, Washington, West Virginia, and Wyoming.

LICENSURE BY ENDORSEMENT

Nurses who have passed the NCLEX-RN in states that do not require CGFNS may acquire the license of another state through endorsements. Each state's Board of Nursing has its web site that lists the requirement on endorsement.

HOW TO AVOID REQUIREMENT OF SOCIAL SECURITY NUMBER AND CGFNS EXAMINATION

Most states in the U.S. require nurses to present social security number in order to take NCLEX-RN. Some states allow foreign nurses to take the examination but will not grant license if the nurse cannot provide a social security number or individual tax ID. Since end of 2003, IRS (Internal Revenue Service) no longer issues tax ID without proof of tax return. This virtually shut the door to licensure for foreign nurses thereby to employment immigration since few employers are willing to sponsor a nurse who has no U.S. license.

Currently, New York and New Hampshire do not require social security number or tax ID as requirement for licensure. Nor do they require CGFNS examination as required by majority of the states. Foreign nurses should present their credentials to CGFNS for certification/evaluation and, upon certification, become eligible for NCLEX and licensure.

As NCLEX-RN will be administered first time in Hong Kong, Korea, and England in 2005, the above method is crucial for nurses who are unable to enter U.S. for NCLEX. Please refer to the web sites of CGFNS, Nursing Board of New York , and New Hampshire for details.

NURSE IMMIGRATION PROCESS

As a practical matter, a foreign nurse in the U.S. can start her immigration application and receive employment earlier than a nurse residing outside the U.S.

The application begins by an employer filing immigration petition (Form I-140) to the Bureau of Citizenship and Immigration Service, BCIS (former Immigration and Naturalization Service). The application should include documents listed above and other supporting documents as well as filing fee. To speed up the process, BCIS allows concurrent filing of application for adjustment of status (Form I-485) and employment authorization (Form I-765) for both the nurse and her spouse and unmarried children under 21. It may take at least over a year, depending on where the nurse resides, for the nurse to receive the approval of adjustment and later the green card. Concurrent filing of the above application will allow the nurse to receive employment authorization hence start to work while waiting for approval of the adjustment.

For the nurse who lives outside the U.S., the process begins when the employer submits the immigration petition (I-140). Upon approval of the petition, BCIS will send the approval notice to National Visa Center (NVC). If there is no backlog for immigration quota, NVC will forward a packet of requested information to the nurse or her attorney. The nurse sends in the information to the American consulate and awaits appointment for physical examination, fingerprints, and interview. Upon successful completion of the interview, the nurse, her spouse, and minor children will receive their immigrant visas.

The requested information, for visa application and interview, by American consulate varies slightly from country to country. So does the interview procedure. This is particularly true after the event of September 11. Basically, the nurse is required to provide the following documents:

1. Birth certificate
2. Marriage certificate when applicable
3. Divorce or death certificate of spouse when applicable
4. Medical examination
5. Proof of job offer,
6. Financial information of the employer
7. Police clearance
8. Application
9. Application fees
10. Valid passport
11. Photographs
12. Visa screen certificate

VISASCREEN CERTIFICATE (VSC) AND LICENSING

The VSC is issued to the nurse by International Commission on Health Professionals (ICHP) to certify that her education and license meets the U. S. standard; that she possesses the level of competency in oral and written English required to practice nursing; that she has passed the nursing examination given by CGFNS.

RN State Licensing Boards: Contact Information And Web Sites

NCLEX Examination

The Commission on Graduates of Foreign Nursing Schools (CGFNS)

LANGUAGE PROFICIENCY REQUIREMENT

Unless the nurse received her nursing instruction in the U.S. United Kingdom, Australia, New Zealand, Ireland, and Canada, she needs to show her language proficiency by taking one of the following examinations: TOEFL (test of English as foreign language) IELTS (International English Language Testing Service), and TOEIC (Test of English in International Communications).

The passing scores for the nurse to be certified by CGFNS:

TOEFL: paper based 540; computer based 207; TSE (test of spoken English) 50; TWE (test of written English) 4.0

IELTS: written (academic module)6.5; spoken band 7.0

ENGLISH EXAMINATIONS FOR FOREIGN RNs
International English Language Testing System (IELTS)

New MELAB Policy for Health Care Professionals (11/02)

Test of English as a Foreign Language (TOEFL)

About The Test of Spoken English (TSE)

FAQs About The Test of Spoken English (TSE)

About The Test of Written English (TWE)

Test of English for International Communication (TOEIC)

As a public service, we have connected the web sites of BCIS forms and on-line status check, on all of our major sections, for our readers. You can download and print any BCIS forms, get the information on application fees, and check the status of your application to the BCIS.

BCIS Forms

On-Line Status Check

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.