The INS recently issued a memo on processing immigration applications for foreign nurses who are not able to obtain social security numbers. Under the new policy, nurses who have passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN) will not have to have passed the Commission on Graduates of Foreign Nursing Schools (CGFNS) examination or possess a license to qualify for immigration.

Registered nurses are on the Department of Labor’s Schedule A for labor certifications, which means that the job is pre-certified as a shortage occupation, and that a labor certification recruitment campaign need not be conducted. Many nurses enter the US as visitors to take the NCLEX-RN exam, which is offered only in the US. After passing the exam, they receive a letter from the state informing them that they will be granted a license after they present a valid social security number. However, because of their nonimmigrant status, the Social Security Administration will not issue a number. Without a license, the nurse does not meet the requirements for the Schedule A labor certification.

Last October, the Department of Labor instructed the INS to accept documentation of successful completion of the NCLEX-RN exam, along with a letter from the state confirming this, and stating that they are eligible to be licensed but for the lack of a social security number. Therefore, the INS will now approve I-140 petitions without requiring a state nursing license.