NP and work permit

Silverdragon102, BSN · May 31, 2008

what is the condition now for some one who is NP, educated in US, to apply and get work permit?

Which country?

suzanne4, RN · May 31, 2008

NP means that you have obtained the MSN in the US, if you are licensed here.

But you are still affected by the retrogression depending on where you were born. Work permits per se do not exist in nursing, only the green card. There are some facilities that can offer a position under the H1-B visa, but they are very difficult to get at this time.

Suggest that you do some reading here on the retrogression but all are affected by it. Also be aware that to apply for any type of visa that is employer-driven requires passing of the NCLEX-RN exam and also holding the Visa Screen Certificate. You must first get the regular RN license and then complete the additional requirements for the NP to get that certification from the state. And that normally takes months, but you have only 60 days from the date of classes being completed or the end of the OPT before one becomes out of status. This is where you are going to run into trouble in most cases and not be able to meet the requirements in such a short time. An employer cannot even offer you a job without having the certifications and licensure as needed to start the immigration process as well.

kiki75 · Jun 1, 2008

Hi

Congrtas on completion of your NP.

I believe that you should be able to file for EB-2 green card visa depending on your country of origin considering that you have earned an advanced degree. For the rest of the world, this category is current and has been a for a couple of months now and you may be able to file through this category.

There hasnt been a lot of discussion in this forum about filing through EB-2 if one does have an MSN or an advanced degree but I feel that there is a possibility. You may confer with a lawyer on this too.

Or you may pursue the HIB route as mentioned by Suzanne.

Whichever option you go with in the end, you will need to have your NP certficate and the job has to be one that requires an advanced degree to do it( like an NP job).

Good luck

suzanne4, RN · Jun 1, 2008

Yes, they can file for the EB-2 provided that they get hired for a job that requires the MSN and the advanced practice standing if that is what they are going after.

But the fact remains that one cannot remain in the US past the 60 days on their visa and to get the certifications completed in order to be able to get hired in that category is going to take months and not weeks. And there is a limit of only 60 days or one is then out of status. The posted cannot even start the petitioning process until the licensing is done and out of the way, and this is where they are going to have issues, even with the EB-2 being current.

But it is also not current for all countries at this time, there a few listed that are back several years.

H1-B visa also requires that all certifications and licensing be completed first as well so that becomes another issue for that temporary visa .

kiki75 · Jun 1, 2008

On completion of MSN or NP, one is entitled to an OPT of 12 months, I feel this is enough time to secure the right job and start the EB-2 filing assuming the right job is found and the EB-2 visa is current.

I recommend that one checks eligibility for OPT and if you are entitled to it, then go for it, that gives additional 12 months to work and sufficient time to follow through on the immigration process.

If eligible for OPT, the 60 days rule will not apply just yet assuming that you applied for OPT before graduation, the 60 day rule will now kick in at the end of the OPT period.

suzanne4, RN · Jun 1, 2008

Exactly, but the poster never mentioned anything about the OPT, only about being able to work with a work permit and I have learned here never to assume anything.