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Immigration
Immigrating to the United States as a registered nurse is an exciting journey filled with opportunities. It starts with understanding visa options like the EB-3 visa for skilled workers and meeting specific requirements such as credential evaluations, certifications, and passing the NCLEX-RN exam. Health Carousel International (HCI) supports you in every step, from ensuring your foreign credentials meet US standards to obtaining the necessary state licenses.
Once your credentials are in order, your US employer will file a visa petition on your behalf, assigning you a priority date that determines your place in the visa queue. Staying updated with the US Department of State’s monthly Visa Bulletin is crucial for tracking visa availability and understanding potential retrogression, which can temporarily delay your application. With perseverance and HCI's guidance, your American dream is well within reach.
Immigration Process FAQs
What is the process of EB-3 for nurses?
The process involves securing a job offer, obtaining labor certification (PERM), the employer filing an I-140 petition, waiting for the priority date to become current, and then filing for adjustment of status or consular processing.
What happens after my I-140 petition is approved?
After your I-140 petition is approved, you must wait for your priority date to become current according to the Visa Bulletin. Once current, you can proceed with the next steps, such as filing the I-485 Adjustment of Status or consular processing.
What is premium processing?
Premium processing is an optional service offered by the US Citizenship and Immigration Services (USCIS) that allows certain employment-based visa petitions to be processed more quickly. By paying an additional fee, petitioners can expedite the processing of their visa applications, significantly reducing the waiting time for a decision.
Which visa categories are eligible for premium processing?
Common eligible categories for premium processing include EB-1 (certain multinational executives and managers, individuals with extraordinary ability), EB-2 (professionals with advanced degrees or exceptional ability, if not requiring a National Interest Waiver), EB-3 (skilled workers, professionals, and other workers), and H-1B (specialty occupation workers).
What happens if my priority date is not current?
If your priority date is not current, you must wait until it becomes current to proceed with your visa application. Your application will be on hold until the cut-off date in the Visa Bulletin advances past your priority date.
What should I consider when deciding whether to bring my family immediately or have them join later?
Consider factors such as the adjustment period, financial stability, support systems, and legal and immigration considerations. Ensuring you are settled and financially stable before bringing your family can make the transition smoother.
Visa Types We File
Navigating the visa process is crucial for healthcare professionals planning to work in the US. HCI offers expert guidance and comprehensive support to make this journey smoother. Our experienced team evaluates your eligibility, simplifies visa complexities, and ensures compliance with regulations. We primarily assist with EB-3, TN, and H-1B visas, each offering unique benefits to those who qualify.
Learn more about how HCI can help you secure the right visa
Related Articles
Visa FAQs
What is the best visa for nurses?
The EB-3 visa is considered one of the best options for nurses looking to work in the USA due to its employment-based nature and the potential for obtaining a green card.
What visas can nurses obtain to work in the USA?
Nurses have several visa options to work in the USA.
The H-1B visa is available for positions that require a bachelor's degree or higher in a specialized field, making it suitable for advanced practice roles like nurse practitioners and nurse anesthetists, though it is not commonly used for general nursing roles.
The EB-3 visa is an employment-based option for skilled workers, including nurses, which requires a job offer, labor certification (PERM), and an I-140 petition, ultimately leading to permanent residency (green card).
The TN visa is available to Canadian and Mexican citizens under the USMCA agreement, allowing nurses to work in the US for up to three years with the possibility of renewal, featuring quick processing times and no need for labor certification.
Can family members accompany EB-3 visa holders to the USA?
Yes, family members (spouse and children under 21) can accompany EB-3 visa holders to the USA. They can apply for derivative visas (E-34 or EW-4) and, once approved, enjoy the same permanent resident status as the primary applicant.
Can EB-3 visa holders travel freely in and out of the USA?
Yes, green card holders can travel freely in and out of the USA. However, extended absences may affect their permanent resident status, so it's important to understand and comply with the travel guidelines set by the USCIS.
What are the main disadvantages of the H-1B visa for nurses?
The main disadvantages include limited availability due to annual caps, the temporary nature of the visa, dependency on the employer for sponsorship, and restrictions on self-employment or starting a business.
How does the annual cap on H-1B visas impact applicants?
The annual cap on H-1B visas limits the number of visas issued each year, making the application process highly competitive. Applicants may need to apply multiple times before securing a visa, causing delays in starting their employment in the USA.
How does the dependency on employer sponsorship affect H-1B visa holders?
Dependency on employer sponsorship can limit job mobility and bargaining power. H-1B visa holders may feel pressured to stay with their employer, even in unfavorable conditions, to maintain their visa status and avoid the risk of unemployment and deportation.
What challenges do H-1B visa holders face in obtaining permanent residency?
Obtaining permanent residency can be challenging due to lengthy processing times, backlogs, and the need for employer sponsorship for the green card application. Changes in employment or employer support can also impact the green card process.
Visa Bulletin
The June Visa Bulletin has been published. Forward movement in all categories for all countries except India.
EB-3 dates for the Philippines
February 8, 2023
EB-3s for various countries that are not India or China
February 8, 2023
EB-3s for India
April 15, 2013
EB-3s for China
November 22, 2020
The Visa Bulletin, published monthly by the US Department of State, provides information on the availability of immigrant visas. It helps you check your place in the visa queue for family-based, employment-based, and diversity visas.
To proceed with becoming a lawful permanent resident, your priority date must be earlier than the cut-off date listed for your preference category and country of chargeability (country of birth). Countries with higher visa demand, such as China, India, Mexico, and the Philippines, are specifically named, while others fall under "All Chargeability Areas Except Those Listed." A waiting period known as retrogression may occur when visa demand exceeds supply.
The Immigration and Nationality Act (INA) limits the number of immigrant visas issued annually to noncitizens seeking lawful permanent residency. For employment-based visas, the annual cap is 140,000, divided among various sub-categories and subject to country-specific limits.
At HCI, we primarily file EB-3 employment-based visas for our healthcare professionals. The EB-3 category is limited to 40,000 visas annually.
Additionally, each country may use at most 7% of the worldwide cap, regardless of the country's population. Given this cap, the actual availability of visas can quickly diminish, creating a waiting list, especially for countries with large populations like India and China.
When visa demand exceeds supply, a waiting period known as retrogression may occur. If demand is less than supply, the Bulletin shows "C" for "current," meaning visas are immediately available. If visas are temporarily unavailable, the Bulletin shows "U."
Visas are allocated based on preference category, country of chargeability, and priority date.
Priority Date
The priority date is the date an individual's immigrant petition is filed. It determines your place in the visa queue. If your priority date is earlier than the cut-off date in the Visa Bulletin, you can move forward in the visa process. If it's later, you must wait.
Preference Category
This refers to the classification of your visa based on the specific qualifications of the job you will be doing in the United States. For example, EB-3 is a preference category for skilled workers, professionals, and other workers. Your preference category affects your priority date and place in the visa queue.
Country of Chargeability
The country of chargeability is usually your country of birth and is crucial as it affects the per-country visa caps, particularly for EB-3 visas, ensuring fair distribution among countries. You may, in some circumstances, use the country of birth of your spouse.
Visa retrogression occurs when the demand for visas in a category exceeds the available supply, causing the cut-off date to move backward. This typically happens when the annual visa limit for a category or country is reached.
When the new fiscal year begins on October 1, a new supply of visa numbers become available, often resulting in an advancement in the cut-off dates. Retrogression can delay your application if your priority date, which was previously current, is no longer current due to the backward movement of cut-off dates.
For instance, a priority date that is current one month may not be current the next month, causing delays in processing your application. This is why it's important to regularly check the Visa Bulletin and stay informed about any changes that may affect your application.
Retrogression
A delay in your application due to retrogression doesn't mean your American Dream is out of reach. With HCI's support, your visa can still be filed or recaptured, securing your priority date and keeping your progress on track. While retrogression may slow the process, it doesn't stop your journey towards a rewarding career in the US healthcare system. HCI will guide you through every step, ensuring you remain focused and prepared.
7 Common Mistakes to Avoid During Retrogression Periods
Depending on where you are in your journey, you can focus on passing the NCLEX exam, the English Proficiency exam, and getting your visa documents in order. We’ve compiled a list of 7 common mistakes candidates make during times of retrogression, so you can avoid them and keep progressing through the process.
Read The 7 Common Mistakes to Avoid During Retrogression
Direct Hire vs. Agency
Having a reliable employer is critical to overcoming times of retrogression. As you consider direct hire versus agency employment for your journey to the US, it's important to weigh the comprehensive support, flexibility, and advantages offered by healthcare staffing agencies like HCI under the PassportUSA program. From debunking common myths to addressing key factors like visa filing costs, family visa assistance, and guaranteed work hours, HCI serves as a steadfast partner, guiding nurses from their American Dream to their American Journey.
Check Out Our Direct Hire vs. Agency Article
Retrogression FAQs
What does EB-3 retrogression mean?
EB-3 retrogression occurs when the demand for EB-3 visas exceeds the supply, causing the visa bulletin to move backward. This means applicants from certain countries must wait longer for their priority dates to become current and be eligible for visa issuance.
Does retrogression affect getting access to the ETA Form for the I-140?
Retrogression itself does not directly affect access to the ETA Form 9089 (used for the PERM labor certification) or the I-140 petition. However, it impacts the overall timeline for visa availability. Once the I-140 is approved, retrogression may delay the availability of a visa number.
How does retrogression impact my documentary qualification status?
Retrogression impacts documentary qualification by pausing the processing of your visa application until your priority date becomes current again. Your documents remain in the system, but further action cannot be taken until retrogression is resolved.
What happens to I-485 (Adjustment of Status) after retrogression?
If retrogression occurs after you have filed your I-485 (Adjustment of Status), your application will be put on hold until your priority date becomes current again. During this time, you may receive an Employment Authorization Document (EAD) and Advance Parole (AP) to work and travel.
Can you be retrogressed after having your interview?
Yes, you can be retrogressed after having your interview. If visa numbers retrogress before your visa can be issued, the issuance of your visa will be put on hold until your priority date becomes current again. This means you may have to wait additional time even after successfully completing your interview.
Can I work in the US while waiting for my priority date to become current?
If you are in the US on a non-immigrant visa that allows employment (such as H-1B), you can work while waiting for your priority date to become current. If you are on a visitor visa, you are not permitted to work.
What if my English test expires while waiting for retrogression to resolve? Do I need to retake it?
If your English test (such as IELTS or TOEFL) expires while waiting for retrogression to resolve, you may need to retake it. Immigration authorities typically require a valid test score at the time of final visa processing. It's advisable to check the specific requirements and validity periods for the test scores and plan accordingly.
If my first employer abandoned my petition and I switch to a new employer, can I recapture my priority date?
Yes, if your first employer abandoned your petition but your I-140 was approved, you can often recapture your priority date when you switch to a new employer. This allows you to retain the priority date.
Arrival Stories
Witness the positive outcomes of our program through real success stories and testimonials!
How often is the Visa Bulletin updated?
The Visa Bulletin is updated monthly by the US Department of State. Each month, it provides information on the availability of immigrant visa numbers for different categories and countries.
What does Current mean in the Visa Bulletin?
"Current" in the Visa Bulletin means that there is no backlog for that category and country of chargeability. Applicants with a priority date in that category can proceed with their visa applications immediately.
How does the Visa Bulletin impact consular processing?
The Visa Bulletin affects consular processing by determining when applicants can schedule their visa interviews. Only applicants with current priority dates can proceed with consular processing and be scheduled for interviews at US embassies or consulates.
How does the Visa Bulletin impact adjustment of status applications?
The Visa Bulletin affects adjustment of status applications by determining when applicants can file Form I-485. Only those with current priority dates can submit their adjustment of status applications to USCIS.
What is the cost of premium processing?
As of 2024, the premium processing fee is $2,500 for most eligible visa categories. This fee is in addition to the standard application fees.
How long does premium processing take?
USCIS guarantees a processing time of 15 calendar days for applications filed with premium processing. If they fail to process the application within this timeframe, the premium processing fee is refunded.
What happens if USCIS does not process my application within 15 days?
If USCIS does not process your application within the 15-day premium processing timeframe, they will refund the premium processing fee. Your application will still receive expedited processing until a decision is made.
Can I request premium processing if my case is already pending?
Yes, you can request premium processing for a case that is already pending by submitting Form I-907 and the premium processing fee. USCIS will then expedite the processing of your pending application.
What documentation is needed to recapture my priority date when switching employers?
To recapture your priority date, your new employer will need to provide a copy of your previous I-140 approval notice when filing the new I-140 petition. This helps establish the original priority date and link it to the new petition.
What happens if my English test expires while waiting for other documents to be validated by CGFNS for the VisaScreen? Do I need to retake the English test, or can it be reinstated?
If your English test expires while waiting for other documents to be validated by CGFNS for the VisaScreen, you will generally need to retake the English test. CGFNS requires valid, unexpired test scores for VisaScreen certification. This is crucial because the VisaScreen is a necessary part of the EB-3 visa process. Ensuring that all documentation, including the English test, remains valid and current is important, especially during periods of retrogression when processing times can be extended. Contact CGFNS for specific guidance on your situation.