EB-3 visa and the green card route for nurses

USCIS describes EB-3 as an immigrant category with three groups:

• skilled workers, whose jobs need at least 2 years of training or experience
• professionals, whose jobs need a US bachelor's degree or foreign equivalent
• other workers, in jobs needing less than 2 years of training or experience

Unlike the H-1B, EB-3 leads straight to permanent residence. USCIS says the job must be permanent and full-time, and the spouse and unmarried children under 21 may come as permanent residents too.

Most EB-3 petitions need an approved labor certification from the Department of Labor (DOL), known as PERM. USCIS says Schedule A occupations skip that step, because DOL has already decided there are not enough US workers. Schedule A Group I covers professional nurses and physical therapists.

Under 20 CFR 656.15, the employer files the labor certification application with USCIS together with the I-140, not with DOL. For a professional nurse, the employer must show that the nurse holds a CGFNS certificate, has passed the NCLEX-RN, or holds a full and unrestricted licence in the state of intended employment. Nurses also generally need a health care worker certificate, such as a VisaScreen certificate, to be admitted.

USCIS explains that this certification covers registered nurses, licensed practical and vocational nurses, physical therapists and several other health occupations. CGFNS is authorised to certify all of them, and the Foreign Credentialing Commission on Physical Therapy can certify physical therapists. The certificate supports admissibility, but USCIS and the other agencies still make their own decision.

1. Pass the NCLEX-RN or obtain a CGFNS certificate, and plan your state licensure.
2. Accept a permanent, full-time job offer from a US employer.
3. The employer files Form I-140 with the Schedule A labor certification. The filing date becomes your priority date.
4. Wait until your priority date is current in the State Department's Visa Bulletin.
5. Complete immigrant visa processing at a US consulate, or adjust status if you are already in the US.

The longest wait is usually the queue, not the petition. Annual EB-3 numbers are limited and divided by country, so a visa becomes available only when your priority date is earlier than the cut-off date for your category and country in the Visa Bulletin. When demand exceeds supply, dates can move backwards, which is called retrogression. Filing fees for the I-140 and for visa or adjustment applications are set by USCIS and the State Department and change from time to time; check the official fee schedules before you budget.

• Retrogression delaying an otherwise approved case.
• Missing health care worker certification at the visa stage.
• Licensing gaps, because a green card does not give you a licence to practise in a state.

See our NCLEX-RN guide and VisaScreen guide.