Which health care workers are required to obtain a Visa Screen certificate before they can obtain an immigrant visa or permanent residence?

The seven categories are: nurses, physical therapists, occupational therapists, speech-language pathologists, medical technologists (also known as clinical laboratory scientists), medical technicians (also known as clinical laboratory technicians) and physician assistants.

Are registered nurses (R.N.) required to obtain a permanent labor certification before an immigrant petition is filed by a U.S. employer?

No. Registered nurses are pre-certified by the Department of Labor because the U.S. employment service has determined that there are not sufficient American workers who are able, willing and available for the occupation of professional nurse. For this reason alone, registered nurses have an easier process in obtaining permanent residence in the United States than other professionals.

What are some of the requirements for a nurse to obtain permanent residence in the U.S.?

• The alien must have received a job offer from a U.S. employer;
• The alien must have a nursing license in his/her home country (If educated outside the United States);
• Obtain a certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS)

What are the optional requirements for a nurse to obtain permanent residence in the U.S. if he/she studied in a designated country (English speaking) by the CGFNS?

• The nurse has a full and unrestricted license to practice professional nursing in the state of intended employment;
• The nurse has passed the National Council Licensure Examination (NCLEX); and,
• The nurse is a graduate of a nursing program that meets the following requirements:
  • The language of instruction was English
  • The nursing school is located in one of the countries designated by the CGFNS.

What are the countries designated by the CGFNS for alternate certification?

Australia, Canada (except Quebec), Ireland, New Zealand, South Africa, the United Kingdom and the United States.

What does a certificate from the CGFNS indicate?

The certificate must verify that the alien’s education, training, license and experience are comparable to an American health care worker of the same type; the school records are authentic and unencumbered; and that the alien is fluent in English and has the appropriate professional license.

Is the U.S. employer required to submit a Visa Screen certificate from the CGFNS with the employment petition to the Service Center?

No. The U.S. employer is required to submit with its employment petition evidence of alien’s passage of the CGFNS exam or evidence of licensure in the state of intended employment.

What test must the alien take to prove fluency in English?

The alien must take and pass all three sections of the Test of English as a Foreign Language (TOEFL) or the Michigan Language Assessment Battery (MELAB) to fulfill the English proficiency requirement.

Can the U.S. company file an employment petition with the Service Center before the alien takes the TOEFL or MELAB exam and/or obtains the Visa Screen certificate?

Yes. The Visa Screen certificate will be required before the application for adjustment of status is approved by the Service Center.

Is the Visa Screen certificate required when filing the application for adjustment of status with the Service Center?

NO. The Service Centers are not requiring that the Visa Screen certificate be Submitted at the time of filing the application for adjustment of status.

Is the CGFNS exam given around the world?

Yes. This exam is given several times each year in the United States and around the world.

Disclaimer:
The information contained herein is intended for general informational purposes only. It is not intended as legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Please note that information as well as government fees are subject to change without notice. For current fees and information contact the respective government agency directly.