Are you a foreign healthcare worker in the United States aiming to become a Green Card holder? With promising benefits, such as access to more job opportunities, many nurses worldwide aspire to make the United States their home.
However, beyond such rewards, obtaining a Green Card is the most sought-after dream due to the stability and security it can bring. Becoming a permanent resident is filled with complexities and legalities. That said, it’s not surprising if your Google search history states, “Where can I find a Green Card lawyer near me?”
Consult A Green Card Lawyer Near You
Navigating the permanent residency process in the United States can be particularly challenging. It’s important to know that as a foreign nurse, you fall under Schedule A occupations, which the U.S. Department of Labor recognizes as having a shortage. To enhance your chances of a successful application, consider consulting a knowledgeable Green Card lawyer focusing on immigration law.
An adept immigration attorney can provide invaluable assistance, guiding you through the complexities of the immigration system. They can help you leverage your designation under Schedule A to expedite your application. Considering your unique circumstances, they will help you identify the most appropriate path to becoming a lawful permanent resident.
By engaging a qualified lawyer early in your immigration journey, you can ensure a more organized and streamlined application process. This approach minimizes delays, reduces risks, and ensures that issues are addressed promptly and effectively.
A seasoned attorney will advise on selecting the most suitable employment visa, guaranteeing a thorough exploration of all legal avenues to secure your residency status. Additionally, they will provide insights into nurses falling under Schedule A occupations.
The Schedule A Category For Nurses
Schedule A refers to a specific category of employment-based sponsorship in the United States. The U.S. Department of Labor (DOL) reserves this designation for occupations experiencing high demand due to shortages of qualified workers. Nurses fall into this category to address the need for healthcare workers nationwide.
Schedule A occupations are exempted from the Program Electronic Review Management (PERM). It’s a process that applies to employment-based immigration to obtain a labor certification from the U.S. Department of Labor.
For these jobs, such as nurses, employers don’t need to prove there are no American workers to hire. Instead, they can apply directly to the U.S. Citizenship and Immigration Services (USCIS) for a Schedule A designation. This means they skip getting a labor certification from the DOL and can apply for a visa for the foreign worker they want to hire.
However, nurses may also qualify for other employment visa categories, each tailored to specific circumstances and qualifications.
A Green Card Lawyer Guides Nurses On Their Visa Options
If you’re seeking professional growth opportunities leading to a Green Card, various work visa options are available to fulfill your nursing aspirations in the United States. EB-3, H-1B, and citizenship-based work visas such as TN and E-3 are common employment-based immigrant visa categories for nurses.
EB-3 Visa
The Employment-Based Immigration Third Preference or EB-3 Visa is a category for skilled workers, professionals, and other employees. Nurses belong in this category as a skilled workforce and may apply to work in the United States.
You need at least two years of job experience or training to be eligible. You also need a registration with a complete and unrestricted license in the intended state for your profession. Moreover, you need a permanent, full-time job offer from a U.S. employer.
H-1B Visa
The H-1B Visa allows foreign nurses to work in specialty occupations for a short time. One unique aspect of this visa is its dual intent provision. This enables you to apply for a Green Card and seek permanent residency without jeopardizing your H-1B visa status.
Moreover, you must hold a Bachelor’s degree or higher educational qualification. You must also secure an exclusive and reserved job offer for degree holders. Another requirement is to pass the National Council Licensure Examination (NCLEX), and acquire a license to practice in the designated area of employment.
Pathway To Permanent Residency
The EB-3 category is an employment-based immigrant visa, it offers a direct path to lawful permanent residency in the United States. Meanwhile, even if H1 B is a nonimmigrant visa, it allows you to acquire a Green Card. The general steps involved the following:
• Find A U.S. Employer. You must first secure a job offer from a U.S. employer who is amenable to sponsoring you.
• Acquire PERM Labor certification. The employer must obtain a labor certification from the Department of Labor, proving no qualified U.S. workers are available for the position. As mentioned, nurses are often exempt from this step if applying under Schedule A. However, the employer must submit an application for permanent labor certification to USCIS along with the petition.
• File Immigrant Petition (Form I-140). Once labor certification is approved, the employer files an immigrant petition (Form I-140) with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker.
• Wait For The Priority Date. Upon approval of the immigrant petition, a priority date is established. This date determines your place in the queue for visa availability based on the visa bulletin issued by the U.S. Department of State.
• Undergo Adjustment Of Status. Once a visa becomes available, you may apply for adjustment of status to lawful permanent resident status if you are already in the United States.
If your application is approved, you will be granted a lawful permanent resident status in the United States. Additionally, nurses may explore specialized visa options, such as the TN visa for Canadian and Mexican professionals. For Australians, the E-3 visa is suitable.
Professional Work Visas
For Canadians, Mexicans, and Australians, there’s a specialized visa pathway for professionals to work in the United States: TN Visa and E-3.
TN Visa
Canadian and Mexican citizens who meet specific job requirements can temporarily work in the United States under the TN Visa. The North American Free Trade Agreement (NAFTA) bolstered economic ties among the United States, Canada, and Mexico, making the TN visa application easier. In this visa category, individuals, including registered nurses, can only apply for occupations listed in NAFTA.
To be eligible for this visa, you must hold citizenship in Canada or Mexico and meet the qualifications for a job outlined in NAFTA (North American Free Trade Agreement). You must also have secured a job offer from a U.S. employer and be in a position requiring a NAFTA professional. Lastly, you must possess the requisite qualifications for the role, and demonstrate nonimmigrant intent.
E-3 Visa
Australian citizens can qualify for an E-3 visa, which lets a professional to work in the United States only in a specialty occupation. To qualify, you must hold Australian citizenship and have secured a job offer from a United States employer. You must also be slated for a specialty occupation and possess the requisite educational qualifications.
E-3 Visa holders can initially stay in the United States for up to two years, with the possibility of indefinite extensions in two-year increments.
Meanwhile, the TN and E-3 visas are all nonimmigrant categories and do not offer a direct path to acquiring a Green Card.
If you are a TN visa holder, the common pathways include changing to a visa status that allows dual intent (like the H-1B) before applying for a Green Card. You can also directly apply for a green card through the EB-3 visa pathway.
Many foreign workers choose healthcare to become permanent residents through employment visas. Due to the shortages of medical workers, the rising demand for nurses became a solution.
Considering the complexities of immigration pathways and the importance of legal guidance, many individuals seek the help of reputable law firms. Working with a dependable legal team can assist you in navigating the process of achieving Lawful Permanent Resident (LPR) status in the United States.
Achieve Permanent Residency With Lozano Law Firm
If you’re eligible for the mentioned visas, then working with Lozano Law Firm gives you a higher chance of becoming a lawful permanent resident in the United States. Our highly experienced immigration lawyers can navigate you through the complex process. We provide a customized and tailored solution that is fit for your situation.
Nurses are in demand in the United States, so this is a great chance to work and become a Green Card holder while practicing your profession. By partnering with a legal professional, you can minimize delays and address challenges to help you secure your path to becoming a permanent resident. Therefore, if you’re from Texas and looking for a “Green Card lawyer near me” online, our firm is the most suitable response to your search.
Summary
Foreign healthcare workers in the United States particularly nurses, often seek permanent residency to access broader job opportunities and achieve stability and security. Being categorized under Schedule A occupations, nurses benefit from the U.S. Department of Labor recognizing a shortage in their field. It implifies their application process for a Green Card.
Navigating this complex path requires legal skills; hence, consulting a knowledgeable Green Card lawyer is crucial. A skilled immigration attorney can guide nurses through the immigration system, help expedite their application by leveraging the Schedule A designation. They can help you select the most suitable employment visa based on your circumstances, ensuring an organized and effective pursuit of permanent residency.