The shortage of health care professionals in the United States has encouraged many hospitals, rehabilitation centers, nursing facilities, and home health agencies to consider foreign workers for permanent positions. For many Latin American nurses, the EB-3 visa may provide a path to permanent residence.
Having health care experience or receiving a job offer, however, does not guarantee approval. The appropriate immigration category, professional credentials, and required process depend on the offered position, its minimum requirements, and the worker’s qualifications.
What is the EB-3 category?
EB-3 is an employment-based immigrant category that may lead to a Green Card. It contains three subcategories:
- Skilled workers: Permanent positions requiring at least two years of training or experience.
- Professionals: Jobs requiring at least a U.S. bachelor’s degree or its foreign equivalent.
- Other workers: Nonseasonal, permanent positions requiring less than two years of training or experience.
Registered nurses may be classified as skilled workers or professionals, depending on the actual requirements of the offered position. This distinguishes them from the EB-3 “Other Workers” subcategory, which covers jobs requiring less than two years of preparation.
A worker’s title does not independently determine the classification. For example, a health technician may qualify as a skilled worker if the position requires at least two years of training or experience. If it requires less, the position may fall within the Other Workers subcategory. Some physical therapists may qualify under EB-2 when their positions require advanced degrees.
A sponsoring employer is required
EB-3 generally does not permit self-petitioning. The health care professional needs a permanent, full-time job offer from a U.S. employer willing to serve as the immigration sponsor.
Potential sponsors in the health care industry include hospitals, hospital systems, skilled nursing facilities, rehabilitation centers, nursing homes, and home health agencies. Not every institution sponsors immigrant workers, however, and accepting a job offer does not necessarily mean that the employer has started an immigration case.
Before accepting an offer, the worker should identify the legal employer, work location, offered salary, and the party responsible for each expense. Any required service period, repayment provision, or contractual penalty should also be reviewed carefully.
How does PERM apply to health care workers?
In most EB-3 cases, the employer must obtain permanent labor certification through the PERM process. The Department of Labor evaluates whether there are sufficient U.S. workers who are able, willing, qualified, and available for the position and whether hiring a foreign worker would adversely affect the wages or working conditions of similarly employed U.S. workers.
The employer generally obtains a prevailing wage determination, conducts the required recruitment, and submits a labor certification application. Once certified, the employer may file Form I-140 with USCIS.
Professional nurses and physical therapists, however, are listed under Schedule A, Group I. The Department of Labor has already determined that there are not sufficient U.S. workers who are able, willing, qualified, and available for these occupations. Consequently, the employer does not complete the ordinary recruitment and DOL pre-certification process. Instead, it submits Form I-140 and the labor certification application, together with the required supporting documents, directly to USCIS.
chedule A simplifies part of the process, but it does not eliminate labor certification or other requirements. The employer must still comply with rules involving the prevailing wage, notice of the job opportunity, and its ability to pay the offered salary.
Health technicians and other health care professionals are not automatically covered by Schedule A. Their employers may need to complete the regular PERM process.
Credentials for internationally educated nurses
A nursing degree and license obtained in Latin America do not automatically authorize a person to practice as a registered nurse in the United States. Professional licensing is primarily regulated by each state, so the requirements are not identical nationwide.
A state nursing board may require an academic credentials evaluation, verification of the foreign license, English-language proficiency, a background check, and passage of the NCLEX-RN, the licensing examination for registered nurses.
For a professional nurse’s Schedule A petition, the filing must include one of the accepted forms of evidence, such as certification from the Commission on Graduates of Foreign Nursing Schools, a full and unrestricted permanent nursing license from the intended state of employment, or evidence that the nurse passed the NCLEX-RN.
Certain internationally educated health care workers must also obtain a federal health care worker certification before receiving a visa, being admitted, or completing adjustment of status. For many nurses, this document is known as VisaScreen. It verifies education, licensing, professional competence, and, when applicable, English-language proficiency.
CGFNS certification, the NCLEX-RN, and VisaScreen are not interchangeable. Each serves a different licensing or immigration purpose. The nurse must determine what the state licensing board requires, what USCIS needs for the petition, and what must be presented during consular processing.
General stages of the EB-3 process
In a typical case, the employer first defines the permanent position and obtains the prevailing wage. It then completes the regular PERM process or prepares the Schedule A filing. The employer subsequently files Form I-140.
When an immigrant visa is available, an eligible worker in the United States may apply for adjustment of status. A worker abroad generally completes immigrant visa processing through a U.S. consulate. Approval of Form I-140 alone does not grant permanent residence or automatic employment authorization.
The exact order of these steps—and whether certain filings can be submitted together—depends on visa availability and the worker’s individual immigration circumstances.
How long is the wait?
The EB-3 category is subject to annual numerical limits. Waiting time is not based simply on citizenship or the passport a person holds. It is generally determined by the person’s country of birth, also called the country of chargeability.
A priority date establishes the case’s place in line. That date must be compared each month with the Department of State’s Visa Bulletin. Cutoff dates may advance, remain unchanged, or move backward through a process known as retrogression.
Applicants born in countries with higher demand may experience different waits. Most Latin American countries are included in the general worldwide column, while Mexico may have a separate column. No processing estimate should therefore be treated as a guaranteed completion date.
Early planning can prevent unnecessary delays
EB-3 may be an excellent option for certain nurses and health care professionals, but a successful strategy requires coordination among the permanent job offer, immigration classification, state license, and federal health care worker certification.
AnaMaria Rivera Law Firm, LLC evaluates EB-3 cases and helps employers and workers understand every stage of the process. Visit https://anamariarivera.com/en/eb-3-visa/ to learn more about this option and request a personalized evaluation.