Schedule A Nurse Applications/Petitions
Legal Authorities:
INA 212(a)(5)(C) - visa screen requirements for foreign health care
workers including nurses. This section must be understood in light
of subsection (r). Visa screen requirements include:
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A Credentials review.
Passing score on NCLEX or CGFNS exam.
Passing score on accepted English proficiency exam.
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INA 212(r) - Certified statement requirements for certain individuals
educated in English-speaking schools. Certified statement requirements include:
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Valid and unrestricted State license.
Passed the NCLEX.
Graduate of nursing program in English and located in country meeting
quality of education requirements.
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8CFR204.5(l) -
sets forth procedures for filing Form I-140 on behalf of nurse pursuant
to Schedule A.
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8CFR204.5(l)(3)(ii)(B) -
Minimum requirement for this classification is two years of training,
e.g. Nurse diploma or degree. [Also, Professional Nurse definition
- 20CFR656.3].
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20CFR656.10 - Schedule A listing professional nurses who have
passed the CGFNS, or who hold full and unrestricted license as being
in an occupation in which there are not sufficient US workers.
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20CFR656.22 - Procedures for applying for labor certifications
under Schedule A.
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Procedures employer must follow (20CFR656.22 and 8CFR204.5(l))
if filing for foreign nurse abroad:
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Complete ETA 750A Form and sign.
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Post notice of filing or notify bargaining representative if union position
(20CFR656.20(g))
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CGFNS certificate (including exam, credentials review, and English exam)
obtained OR Full and unrestricted state licensure in state of intended
employment.
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Complete Form I-140.
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Company support letter demonstrating a bona fide job offer by an employer
with ability to pay the wage offered.
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File ETA 750 A and B (employee) and Form I-140 with Service Center
having jurisdiction over place of employment.
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Diploma - Must show nursing diploma or degree.
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Procedures employee-nurse must follow:
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Complete ETA 750 B Form and sign.
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Provide CGFNS or License as discussed above.
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Provide copies of all related diplomas with translations if not in English.
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Other authorities:
The requirements of the CGFNS (Commission for Graduates of Foreign
Nursing Schools) constitute a virtual separate legal authority.
This agency issues the CGFNS certificate which establishes eligibility
for Schedule A petitions. It also issues the visa screen needed to obtain
an Immigrant Visa in order to come to the United States. Their requirements
include the need to have a foreign nurse license from the nurses home
country or place where her diploma was granted. This appears to be needed
even if the foreign nurse has licensure somewhere in the U.S.
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