In most employment based green card cases, professionals must first be issued a permanent labor certification from the Federal Department of Labor in order to obtain an employment based green card. However, due to the country wide shortage of professional nurses and physical therapists in the United States a labor certification is not a requirement when applying for a green card for a nurse or a physical therapist.
In order to obtain a green card based on employment for a nurse or physical therapist the following steps must be completed:
- The employer must file an immigrant visa petition with the United States Citizenship and Immigration Services (USCIS) and must prove: that the applicant possesses the minimum qualifications required to fill the position being offered; and, that the employer qualifies to sponsor the applicant for a green card.
- Upon approval of the immigrant visa petition the applicant must apply for a green card interview either at the United States Embassy in his home country or with the USCIS in the United States. If, at the interview the applicant is not found to be inadmissible for any reason (example: criminal history, immigration violations, etc.) a green card will be issued.
It should be understood that obtaining a green card through employment requires an employer who is willing and able to permanently sponsor the applicant. Moreover, nurses and physical therapists must also possess a Visa Screen from the Commission of Graduates of Foreign Nursing Schools (CGFNS) and/or the International Consultants of Delaware (ICD). Without the Visa Screen the green card process cannot be completed.
If you would like to explore your specific green card options please send a request to us at:
Leibl and Kirkwood PC
12625 High Bluff Drive
Suite 213
San Diego, CA 92130
Tel. (858) 481-5211
Fax. (858) 481-7271