Larry Needle - Immigration Attorney

Many Canadian nurses enter the United States first in “TN” temporary working status.

TN visas are conferred pursuant to the NAFTA Treaty between the United States and Canada and may be granted for up to three years. Canadian nurses must have an offer of employment to work in the United States, possess a visa screen certificate evidencing that the Canadian nurse's qualifications, education, training, etc… are the equivalent of a US trained nurse, and possess either a valid license to work in the state of intended employment in the US or have the ability to obtain the same upon entry with the TN working visa. Canadian nurses should also show that they are licensed in Canada as well. Canadian nurses may apply for the TN at the border without the necessity of the employer filing a qualifying petition with USCIS first. TN working status, however, is strictly temporary, and the nurse upon application must indicate an intention of remaining permanently in the United States.

A US employer may sponsor a Canadian nurse for permanent residence (i.e. green card) while the nurse remains in Canada or is in the United States on a TN working visa. However, the Canadian nurse may not apply for Adjustment of Status (i.e. permanent residence) in the United States until such time as visas are available. Currently, there is a long backlog (up to 4 years) for nurses to obtain permanent residence in the United States. An employer may begin the process for sponsorship by filing a petition with the immigration service on behalf of the sponsored nurse. A number of documents are submitted at that time, including an uncertified Labor Certification Application. Because nursing is considered a shortage application, the US employer need not test the labor market in advance to prove that only qualified, willing, and able US citizens are available for the job, but rather need only submit an uncertified “PERM” application on behalf of the nurse. The employer should also submit proof that the Canadian nurse has a CGFNS certificate, has passed the NCLEX exam in the state where she is registered, or possesses an unrestricted full license in the state of intended employment. Note that the NCLEX exam is now offered in Canada (Montreal, Toronto, and Vancouver). While a visa screen certificate is not required at the time the employer files the petition, the nurse must have the visa screen at the time she is eligible for permanent residence. The petition should also be accompanied with proof that the nurse is a registered nurse in Canada and that the employer has the ability to pay the offered salary.

If the immigrant petition is approved, the nurse (and her derivative family members) may apply for adjustment of status in the United States once visas are available. Otherwise, the nurse must wait until such time as visas are available but may maintain TN status until that time. Alternatively, a nurse may apply for a visa abroad through Consular Processing at the US embassy/consulate upon visa availability.