Nurse coming to America Legal

caroladybelle, BSN, RN · Sep 9, 2008

The problem is that there is a retrogression in place, and there are literally thousands of foreign nurses that have been working for several years to get into the USA to work as nurses. There will be no easy or rapid solution to your friend's dilemma. There are physicians from the Philippines that cannot get permit to work as a nurse here.

To address some of your questions.

There is no actual nursing shortage in the USA. Some areas have new American grad nurses that are even finding difficult getting a job - Boston comes to mind. The areas have a "shortage" of working nurses are occasionally in less desirable areas, less desirable facilities, have poor pay rates and poor/dangerous ratios. Or they are in nursing homes. Often, if there are agencies looking in foreign countries recruiting nurses, this is the case - because they cannot find local applicants willing to deal with the poor conditions.

The other issue, is does your friend have a nursing degree AND a nursing license in his country AND nursing experience. I do not know Brazil nursing situation, but most immigrants are required to have the equivalent of a Bachelor's degree/equivalent of RN status to even begin the immigration process.

No matter how wonderful a Biologist your friend is, if he does not have a Nursing degree to the equivalent of an RN, he cannot work here as a nurse.

There are limited H1B visas, but my understanding is they are reserved for specialists. They are not recommended by the "pros" on this BB. If your friend is not working as a "nurse specialist", I do not believe he would qualify.

The BB members that could inform you most are Silverdragon, Lawrence, and Suzanne4 - you will find their posts in the international forum. Please read many of the primers posted, regarding immigration as a nurse.

Please also read the posts on retrogression. Anyone immigrating as a nurse faces years of waiting.

ghost116 · Sep 9, 2008

I thank you for your post, Yes he is a Fully Qualified Nurse in Brazil as well as a biologist. He works in the infectious desease Lab in the largest Hospital in Brazil ( Sao Paulo ) So I am certian his qualificatons will notbe a problem past getting him up to speed in English. i am nto concerned about the wait, this is something I can "get around" with a phone call to a State senator of mine, but i do know that if the first few steps are not correct, it makes the favor i will ask for harder to grant when the time comes. Is there a company (or companies) that do this process? If so could you give me a name to contact? I have a very good friend workign as a nurse at IU medical center from Chile that will also help guide us through the process! I thnk you for yoru imput!

caroladybelle, BSN, RN · Sep 9, 2008

I know of absolutely no agencies (legitimate) to circumvent retrogression. More than a few will lie to applicants and say that they can, but you can read many posts about that on this BB. There are a lot of people that sign on and then have a lot of legal problems when they find that things are not what they seem.

Some were abusing the H1B visa, applying for it when the applicant was not remotely qualified as a "specialist" when they were not being employed/qualified as nursing specialists. ICE has been weeding through them and deporting them.

The H1B visa also gave the immigrant very few rights, and their employer a great deal of rights over the immigrant. If your employer dropped you on a whim, you could be rapidly deported.

Again, please review the posts on retrogression

As to calling your senator, please feel free. Many of us (thousands)have called or sent letters (you will see this documented on this BB) to require the senators to improve nursing conditions, mandate ratios, limit/permit immigration, to increase nursing education so that more US citizens that want to work as nurses can do so and be assured of safe conditions for their patients and their fellow nurses.

Some how, letting one talented Brazilian biologist immigrate to the US, before nurses (who have usually been working as nurses before immigrating) that have done this legally, many waiting 2-6 years, going about by the rules......somehow, I don't know that this would be a priority, what with unemployment of qualified nurses in the USA, the public support for closing the borders and limiting immigration, worries about WMDs, and the mortgage crisis.

But if your senator does allow this individual in ahead of all the other concerns that US senators have, please let us know that senator's name. I think that the nurses in his/her district have a right to know where they use their influence. Also given that there are bills before the House and Senate regarding limitations/permits on legal migration, the news about a senator circumventing those rules that they are supposed to be voting on....the news networks would have a real prime time story with that, depending on the state.

A question, why is your friend not trying to immigrate as a Biologist. It would probably be easier, and might qualify under H1B.

Daly City RN · Sep 9, 2008

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To ghostt116:

As it has been written here, there are thousands of overseas nurses waiting to come to the U.S.A. to work as nurses. The wait is at least five years long due to retrogression, and no number of phone calls to your "state senator" will move your friend ahead of other foreign nurses who have applied ahead of your friend from Brazil. It is unfortunate that you think this way, but do read the threads in this forum regarding retrogression so you will be a more informed person.

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ghost116 · Sep 9, 2008

You mis-understand, I am not concerned WHAT degree he uses as his immigration method, we are happy to use ANY one of his degrees to secure a legal entry! After reading these two posts, it is obvious that there are "nursing problems" out there but my "other nursin friend from Chile was up and runnin in 18 months and has a awesome job at IU medical center, she is helping us through the pitfalls as well!

As for the Senator, he is a personal friend and this would not be a change in policy call but one to simply cut through the brunt of the red tape once he completed the forms. as he is qualified in 2-3 fields, and not a risk, I am certain that once the background is done, a phone call to My guy will solve the waiting issue. I jsut wanted to do all this with the minimum of trouble yet remain totally legal.

I am not at all up to date wiht the Current nursing situaton but I do travel ALLOT. I can tell you this, I have been in 22 cities, most major ones, and in the classifieds, if you want to be a truck driver or a nurse you have a job if qualified! Miami, Ft lauderdale, Atlanta, Nashville, Chatt. Louisville eTC ETC. i have no idea the internal problems , but the jobs are certainly there for the taking! And in South Florida, with the older population, you can choose in home as well! Now conditions?? I can't answer, but for nurses coming from other countires, trust me ( I travel abroad allot) the worst conditons here are better then most work in there!

ghost116 · Sep 9, 2008

Daly City RN : That is Strange! But from California i can understand your post! The reason I find yoru post so strange, is not only are you wrong, but is obvious your more ****** about the process than getting the job done! FIRST how do you knwo the Quality of all these "nurses from overseas? 2) not only is the 5 year window you mention incorrect, MY process on another good friend of mine from Chile started 18 months ago ( the phone call) and now find her in a very very nice job AT IU. So maybe in yoor world it is impossible, but trust me, not in mine!

Silverdragon102, BSN · Sep 9, 2008

I thank you for your post, Yes he is a Fully Qualified Nurse in Brazil as well as a biologist. He works in the infectious desease Lab in the largest Hospital in Brazil ( Sao Paulo ) So I am certian his qualificatons will notbe a problem past getting him up to speed in English. i am nto concerned about the wait, this is something I can "get around" with a phone call to a State senator of mine, but i do know that if the first few steps are not correct, it makes the favor i will ask for harder to grant when the time comes. Is there a company (or companies) that do this process? If so could you give me a name to contact? I have a very good friend workign as a nurse at IU medical center from Chile that will also help guide us through the process! I thnk you for yoru imput!

There is no way you can get round retrogression even by calling a senator friend of yours. Even to qualify for a visa he needs a PASS in either NCLEX or GCFNS exam and visa screen certificate. He needs to apply to Board of Nursing and go through application process for foreign trained nurse and meet all requirements, will also need a pass in English for VSC. I suggest reading this sticky https://allnurses.com/forums/f75/start-here-primer-all-wish-work-us-160143.html as a starting point and be prepared for a long wait as there are already thousands of nurses waiting in other countries for a visa for the US

Silverdragon102, BSN · Sep 9, 2008

Daly City RN : That is Strange! But from California i can understand your post! The reason I find yoru post so strange, is not only are you wrong, but is obvious your more ****** about the process than getting the job done! FIRST how do you knwo the Quality of all these "nurses from overseas? 2) not only is the 5 year window you mention incorrect, MY process on another good friend of mine from Chile started 18 months ago ( the phone call) and now find her in a very very nice job AT IU. So maybe in yoor world it is impossible, but trust me, not in mine!

Let me say that I have been waiting since 2006 Aug as many others. At the moment visas are unavailable and indication is when visas are released in Oct then starting date will be early 2006, I am sorry but your friend has a long wait and needs to meet all requirements for immigration before he will even be considered

caroladybelle, BSN, RN · Sep 9, 2008

A senator making an exception for a family friend is a breach of the law and of ethics here in the USA.

What you phrase as "a simple cut through red tape", is what American citizen considers a breach of current laws and ethics. And somethng that would lead to a public hue and outcry, about senators not abiding by the rules that vote on for others to abide by.

Please feel free to send us his name so that we can explain this to him. I am sure many nurses, immigrant and born here, will be happy to send him/her their opinions on the ethics of this action by their elected senator.

As far as positions - you will find many posted. However, your biologist friend may find that many are part time, or require certain amounts or types of nursing experience. Thus, why new grads cannot get jobs despite the fictious shortage.

Also, especially in S. FL, where I currently work, there is an issue with the busy season. This means nurses may get a "full" time job there, and be worked to the bone from December to May, and get lowcensused often in the summer, to the extent that it is hard to pay one's bills in some cases. Though being multilingual, your friend would have an advantage for employment there.

You do not seem to like the answers that you have gotten here. Please review the many threads here and you will find much of the same as I have given you. No one likes that doing things the "right way" takes so much time, but you find that there is no shortcut as far as immigrating as a nurse. As far as immigrating as a Biologist, that might be easier, but this BB deals with nurses immigration.

As far as your friend from Chile, would she be H1B and a specialist?

Your friend will do what he will do right or wrong, regardless of what we write. But please do review the many threads here about the "fiction" of a nursing shortage and about immigration. You may find information that your friend needs.

ghost116 · Sep 9, 2008

I can't say i am thrilled with the answers but the undercurrent is what I find a problem. And since I have done this before in the last 24 months "successfully i might add" i find that the YOU SIMPLY CAN"T do THING's Attitude" so far as problematic. And frankly, it seems that many are more upset about the process or their "lot in life" and conditions etc than simply answering a direct question. There are a million ways to get this doen in this case, i was jsut exploring this one. He has 4 degrees and is employed by the Brazilain Government , so Nursing seemed liek a good avenue, I will continue to investigate alternatives and choose the best for my situation! BUt trust me, just like my last project, he will be here in less than 18 months WORKING and Legal. In some field.

suzanne4, RN · Sep 9, 2008

He may come here under another field, but it will not be as an RN here. He has to take and pass the English exams as well as the NCLEX-RN exam and have a Visa Screen Certificate in hand.

Things have changed here considerably even in the past year and have gotten much tighter. This what we are trying to tell you. There is a thread at the top of this forum called the Primer that gives all of the requirements for getting licensed and working in the US as an RN. There is no agency that can make things happen faster as visas are only issued by the US federal government and not by any employer; nor state.

He cannot even apply for a job as an RN until he has taken and pass the NCLEX-RN exam; employers cannot even offer a job legally without that being done.

Even to come to the US under any other profession, anything that deals with healthcare requires that he pass the English exams and hold certification in the area that he wishes to be employed in, as well as Visa Screen Certificate.

It also does not matter what happened two years ago, things have changed considerably in that area and there has been a retrogression in place since October, 2006.

You came here asking for advice on what to do, and we gave it. We do not make the rules nor the laws in the US.

Best of luck to you. Also be aware that Florida requires the CES before they will even look at an application and that will require that he pass the English exams first as well in order to be able to be considered for licensure there.