Immigration and Employment for Nurses

INTRODUCTION

UNISTAFF Provides Competent Nursing Staff
We continuously recruit nurses with different area of specialties throughout the Philippines and from our established sources around the world. We have excellent track record in deployment of an average of 1000 healthcare personnel per year to our valued clients in the Gulf State, Europe and United States of America.


For our Client hospitals in United States, we provide nurses with CGFNS, have passed the required English exams and in some instances have passed the NCLEX.
Our contract with our clients is based on the services they require from UNISTAFF. It ranges from recruiting the nurses, assist them in their tutorials, exams registrations, documentations and schedules, immigration process and final relocation of nurses.

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IMMIGRATION PROCESS

Permanent Residence for Nurses – Immigration Petition
The following requirements are necessary for a foreign nurse to be sponsored under EB-3 (Employment Based Third Preference – Green Card) category of INA: [ back to top ]

Immigration Processing

Immigration processing for foreign nurses involves the Immigration and Naturalization Service (INS). State Department National Visa Center and the various Consular Offices abroad.

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Visa Screen Certificate
Section 343 (Health Care Worker Provision) of the Illegal Immigration Reform & Immigrant Responsibility Act of 1996 codified at INA Section 212 (a)(5)(C) requires an alien seeking to enter the United States for the purpose of performing labor as a health care worker (other than physician), to present a certification from the Commission on Graduates of Foreign Nursing Schools (CGFNS) or an equivalent independent credentialing organization approved by the Immigration and naturalization Service (INS) verifying that: The designated organizations are required to certify not only regarding the credentials of the alien, but also the alien’s English language competence as measured by the approved standardized test.

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H-1C Registered Nurses in Medically Undeserved Areas
The Nursing Relief for Disadvantaged Areas Act of 1999 (NRDAA) allows qualified hospitals to employ temporary foreign workers (non immigrants) as registered nurses (RNs) for up to three years under H-1C visas. Only 500 H-1C visas can be issued per year during the four-year period of the H-1C program. To qualify for this program, a hospital must:
  1. Be a “subpart d” hospital under the Social Security Act;
  2. Be located in a health professional shortage areas;
  3. Have at least 190 acute care beds;
  4. Be reimbursed by Medicare for at least 35% of acute care inpatient days; and
  5. Be reimbursed by Medicaid for at least 28% of acute care inpatient days.
The Attestation process requires that a qualified hospital (“facility”) file an Attestation with the Department of Labor attesting to eight elements. These elements require the prospective employer of H-!C nurses to, among other things, pay no less that the prevailing wage to all RNs (both U.S. and H-1C); notify all RNs at the facility of its intent to petition for H-1C nurses. Upon the Department’s acceptance of the Attestation for filing, the facility may then file a petition with the Immigration and Naturalization Service (INS) for the admission of H-1C nurses. The facility must also keep certain documents available for public inspection, including the Attestation, the facility pay schedule for nurses, evidence of its efforts to retain U.S. RNs, notices of any strikes or labor disputes involving RNs at the facility, and copies of notices of the facility’s intent to petition for H-1C nurses. The attestation process is administered by the Employment and Training Administration (ETA) while the Employment Standards Administration’s Wage and Hour Division determines whether a hospital has complied with the attestations.

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H-1B Specialty Occupation Status
Registered nurses are not usually considered professionals for purposes of obtaining H-1B since hospitals and facilities routinely hire nurses who lack a bachelor of science in nursing degree. Hospitals or facilities can still sponsor a nurse under the H-1B statues provided it can show that the position to be filled by the RN requires a four-year college degree and complies with the requirements under 8 USC s 1101 (a)(32). Focus must be on the task, demands, duties and actual requirements of position as specified and applied, which is almost exclusively obtained through studies in institutions of higher learning.

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The Nurse's Role in the Immigration Process

The nurse will play an active role throughout the immigration process with direct contact to UNISTAFF. They will provide the following: All tasks by the nurse will be communicated by UNISTAFF on an ongoing basis.

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The Hospital's Role in the Immigration Process

Hospitals that are involved in the hiring of immigrants will play the following role: The hospital will be of dealing with the Immigration and naturalization Services (INS), State Department National Visa Center and the various Consular Offices, through UNISTAFF and its attorney.
UNISTAFF will provide the client with a monthly update within specific candidate tracking system, stating what stage each candidate is at within the immigration process.

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Useful Links

Exams and Certification Immigration [ back to top ]