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H-1C Visa - Frequently Asked Questions

21.

Can I apply for a Green Card while on H-1C visa?

Yes, you may apply for a Green Card in the U.S. through the following options:

  • Family Based Immigration: If you have close relatives who are U.S. citizens or U.S. permanent residents, the relatives may file an immigration petition for you as the beneficiary
  • Employment Based Immigration (Labor Certification): You can attain immigrant status through employment-based immigration. You may find an employer who is willing to file a Labor Certificate for you with the DOL
  • EB-1: You may also file an immigration petition based on the classification of 'Alien of Extraordinary Ability' - EB-1(A) or 'Outstanding Professor/Researcher' - EB-1(B)
  • National Interest Waiver: You can also file an immigration petition through a National Interest Waiver (NIW). National Interest Waivers are available to foreign nationals who are seeking work in a profession and who have an advanced degree (or equivalent experience) or can prove themselves as 'aliens of exceptional ability'. Work must substantially benefit the U.S.
  • Schedule A: As a nurse you may apply for permanent residence through the benefits of Schedule A

Working In The U.S. - Your Options

Learn everything you need to know about working in the U.S.

22.

Can nurses enter into the U.S. under a different program?

Yes, through the permanent program or the H-1B program. Since a professional nurse is a Schedule A occupation, employers may file a Form ETA-750 directly with the USCIS. However, the H-1B program requires that nurse on an H-1B must have a bachelor's degree and the job that the nurse is hired to perform must require a bachelor's degree. USCIS ultimately makes the decision as to whether or not a job qualifies for an H-1B visa.

Note: Canadian and Mexican nurses can come to the U.S. under TN program

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