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VISA SPOTLIGHT: PERMANENT RESIDENCY FOR REGISTERED NURSES
On September 1, 1995, the H-1A visa program, which allows health care facilities to bring foreign workers to the United States on a temporary basis, is set to expire. While many feel that the program will be renewed, those participating in the H-1A program are strongly encouraged to consider extending their H-1A visas now and applying for permanent residency right as soon as possible. The good news for those seeking permanent residency is that the cumbersome labor certification process is not necessary for permanent residence applications for professional (i.e. registered) nurses. The labor certification process is the process which requires employers to conduct a recruitment campaign to demonstrate that no US workers are permanent residents are available for the position. After the US Department of Labor certifies that no US workers were available (a process that can take more than one year in some parts of the US), the employer then applies to the INS for approval of the permanent residency application. 
In the case of nurses, the US Department of Labor (the "DOL") has precertified the entire class of professional nurses as being in a class where there are insufficient US workers able, willing, qualified and available to be employed in that profession and that the wages and working conditions of US workers similarly employed will not be adversely affected by the employment of foreign nurses. Occupations precertified by the DOL are called Schedule A occupations and those who are members of such occupations do not need to get preclearance from the DOL. 
"Professional nurses" are defined by the DOL to include the following: 
"Persons who apply the art and science of nursing, which reflects comprehension of principles derived from the physical, biological and behavioral sciences. Professional nursing generally includes the making of clinical judgments concerning the observation, care and counsel of person requiring nursing care; and administering of medicines and treatments prescribed by the physician or dentist; the participation in activities for the promotion of health and the prevention of illness in others. A program of study for professional nurses generally includes theory and practice in clinical areas such as: obstetrics, surgery, pediatrics, psychiatry and medicine. This definition includes only those occupations within Occupational Group No. 075 of the DICTIONARY OF OCCUPATIONAL TITLES (4th Ed.)." 
Occupational Group No. 075 covers registered nurses and includes the following: 
*	Consultant, Educational, State Board of Nursing
*	Director, Community-Health Nursing
*	Director, Educational, Community-Health Nursing
*	Director, Nursing Service
*	Director, Occupational Health Nursing
*	Director, School of Nursing
*	Executive Director, Nurses' Association
*	Nurse, School
*	Nurse, Staff, Community Health
*	Nurse, Instructor
*	Nurse, Consultant
*	Nurse, Supervisor, Community-Health
*	Nurse, Supervisor, Evening-Or-Night
*	Nurse, Infection Control
*	Nurse, Supervisor, Occupational Health Nursing
*	Nurse, Head
*	Nurse, Supervisor
*	Nurse Practitioner
*	Nurse-Midwife
*	Nurse, General Duty
*	Nurse, Anesthetist
*	Nurse, Office
*	Nurse, Private Duty
*	Nurse, Staff, Occupational Health Nursing
*	Nurse, Instructor, Psychiatric Aide
In addition to meeting the definition of "Professional Nurse" described above, the applicant must also have passed the Commission of Graduates of Foreign Nursing Schools (CGFNS) Examination or hold a full and unrestricted license to practice professional nursing in the state of intended employment. Merely holding a temporary, provisional or otherwise restricted state license is not enough to exempt the applicant from the CGFNS exam. Most states, however, will issue a license based on reciprocity from another state. Nurses also must also show prearranged employment and that notice of filing the application was provided to the bargaining representative of the employer's employees. While professional nurses must apply under the Schedule A procedures, employers are permitted to file under the normal labor certification procedures if the position being certified is in another occupation. 
The CGFNS is an independent, nonprofit organization which developed their exam to test capabilities of foreign professional nurses in all areas of nursing for which American nurse graduates are responsible, and to give an objective estimate of their ability to pass licensure examinations in the US. The exam is given yearly in April and October in the US and approximately 30 other countries throughout the world. Further information may be obtained from the CGFNS, 3624 Market Street, Philadelphia, Pennsylvania 19104. 
While employers must still complete the labor certification paperwork, the paperwork is submitted directly to the Immigration and Naturalization Service along with supporting evidence to show that the beneficiary falls into the Schedule A category. The filing category is still determined by the level of the nurse's credentials. Nurses with advanced degrees or who meet the statutory definition of exceptional ability file under the EB-2 category. The others would file under EB-3. The remainder of the process is the same as for those filing an application based on a normal labor certification.