TN Status

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Hi there. My wife and I are Canadian. I am in the US on a non-immigrant P2 for work, based in California. She is a BN. She has applied for and been granted an interim permit from the CA board of nursing, and has a job offer in writing. She attempted to enter the US today to seek TN status (I should mention we are doing this on our own, not through a recruiter or immigration attorney).

According to the State Dept website (http://travel.state.gov/visa/temp/types/types_1274.html) the requirements for a Canadian applying for TN status do not mention anything about visaScreen. In fact (apparently incredulously) we had no idea this was even a requirement. The border agent would not grant her TN status because she did not have a visa screen. Thankfully, he approved her B-2 visitor status so at least she can stay here while we figure this all out.

Is it true that the visa screen is a requirement for all Canadians seeking TN status for Nursing? The DOJ fingerprint/record check and the CA board of nursing verifications and approval are not enough to obtain status?

As she received her interim permit, she has not yet written her NCLEX (though she has the authorization to test). I was thinking we could just file an i-129 and request change of status with her existing documentation but I am not certain if this will be effective.

Is taking the NCLEX and subsequently applying for the visaScan, then returning to the border to obtain TN status truly the only option? How long could this take? If the visaScan (and subsequently NCLEX) are required for TN status, what is the point of the interim permit?

Please advise.. I am pulling my hair out with all this contradictory information I am hearing.

Thanks very much.

Specializes in Medical and general practice now LTC.

Yes visa screen is a requirement when obtaining a work visa and part of the requirements for vsc is a pass in either NCLEX or CGFNS exam. The BRN will issue a interim permit and that has nothing to do with work visa so really all your wife can do is sort out sitting NCLEX and passing it, then apply again with letter confirming work etc to the border.

Takes anything from 2-4 months to get VSC once she has passed NCLEX and she will need to get CA to confirm with ICHP that she has passed NCLEX and usually they charge a small fee and will need to arrange for her nursing stuff to be sent to ICHP as per the vsc handbook

I got my Visa Screen over a decade ago, when things were much easier. Now they have an expiry date and so are valid for 5 (?) years.

I was wondering at what College your wife did her nursing training as I wrote the NCLEX right out Nursing School for another state and have been working in the US for more than 12 years and now find that to be fully licensed in California I need Microbiology ... though from what I am reading in the Micro course, this was covered in Nursing Theory ... just curious if your wife has had that problem.

Thanks. :nurse:

Specializes in CTICU.

There are state licensing requirements (IELTs, CES, NCLEX etc), and then there are federal immigration requirements (Visa Screen). You need both. The interim permit for CA becomes useless for foreign nurses because you can't work without SSN and you can't get SSN without the visa (and you need VSC to get visa).

What do you mean, she "attempted" to enter the US? Was she refused entry?

Hi there. My wife and I are Canadian. I am in the US on a non-immigrant P2 for work, based in California. She is a BN. She has applied for and been granted an interim permit from the CA board of nursing, and has a job offer in writing. She attempted to enter the US today to seek TN status (I should mention we are doing this on our own, not through a recruiter or immigration attorney).

According to the State Dept website (http://travel.state.gov/visa/temp/types/types_1274.html) the requirements for a Canadian applying for TN status do not mention anything about visaScreen. In fact (apparently incredulously) we had no idea this was even a requirement. The border agent would not grant her TN status because she did not have a visa screen. Thankfully, he approved her B-2 visitor status so at least she can stay here while we figure this all out.

Is it true that the visa screen is a requirement for all Canadians seeking TN status for Nursing? The DOJ fingerprint/record check and the CA board of nursing verifications and approval are not enough to obtain status?

As she received her interim permit, she has not yet written her NCLEX (though she has the authorization to test). I was thinking we could just file an i-129 and request change of status with her existing documentation but I am not certain if this will be effective.

Is taking the NCLEX and subsequently applying for the visaScan, then returning to the border to obtain TN status truly the only option? How long could this take? If the visaScan (and subsequently NCLEX) are required for TN status, what is the point of the interim permit?

Please advise.. I am pulling my hair out with all this contradictory information I am hearing.

Thanks very much.

I am suprised this was not known to you. This has been in process for many years now. I am also Canadian but went to school in the US and this did NOT release my need to obtain a Visascreen. It is absolutely mandatory. Nothing you can do to get around it. It does take some time though but if she has not written NCLEX yet that should be the first thing to do since you can't get your Visascreen until successfully passing NCLEX. I am not sure I understand what an interim permit is. Without writing NCLEX? I have not heard that before that an interim permit was granted prior to writing NCLEX. That is something I have seen in Canada but not in the US. The board of nursing may have granted permission to write NCLEX but that does not grant licensure and don't think she could start working until she has a nursing license in the US. I could be wrong but would be surprised if this is the case. I know a few states used to have reciprocity with Canada but not sure that is the case any longer. Hope this answers your questions. Believe me we have jumped through so many hoops on both sides of the border and understand your frustration. But this is simply the case. And with jobs the way they are now she is lucky to have obtained a job offer...especially in California.

Specializes in Medical and general practice now LTC.
I am suprised this was not known to you. This has been in process for many years now. I am also Canadian but went to school in the US and this did NOT release my need to obtain a Visascreen. It is absolutely mandatory. Nothing you can do to get around it. It does take some time though but if she has not written NCLEX yet that should be the first thing to do since you can't get your Visascreen until successfully passing NCLEX. I am not sure I understand what an interim permit is. Without writing NCLEX? I have not heard that before that an interim permit was granted prior to writing NCLEX. That is something I have seen in Canada but not in the US. The board of nursing may have granted permission to write NCLEX but that does not grant licensure and don't think she could start working until she has a nursing license in the US. I could be wrong but would be surprised if this is the case. I know a few states used to have reciprocity with Canada but not sure that is the case any longer. Hope this answers your questions. Believe me we have jumped through so many hoops on both sides of the border and understand your frustration. But this is simply the case. And with jobs the way they are now she is lucky to have obtained a job offer...especially in California.

CA offer a interim permit which allows a nurse to work until they sit NCLEX, once they have sat NCLEX then it is void, for international trained nurses it really is not worth getting because interim permit currently for most will not allow them to work unless they already have a visa allowing them to work. For VSC you need a pass with either CGFNS exam or NCLEX but only a handful of states currently require CGFNS exam

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