How to apply for a U.S. work visa as a nurse

If you’re a nurse wanting to move to the United States but are unsure how to apply for a U.S. work visa, we’ve got you covered. In this guide, we’ll outline the most common work visas for nurses and give you information on how to apply to each of them.

Here, you will find information on:

• What types of work visas are available in the U.S. for international nurses
• How to apply for each U.S. visa as a nurse
• What if I already have a U.S. work visa?
• What is the difference between a work visa and a work permit?
• How Espirita can help you apply for a U.S. work visa
• Find your next nursing career in the U.S. with Espirita

What types of work visas are available in the U.S. for international nurses?

International nurses looking to move to the U.S. will typically apply for one of three popular work visas. They are:

• EB-3 visa: The EB-3 is an employment-based visa that leads to permanent residency in the U.S. Those eligible for this visa are skilled workers with a job offer.
• H-1B visa: The H-1B visa is a temporary employer-sponsored work visa for individuals in specialty occupations and is valid for up to six years. Not all nurses qualify for this visa as those applying for it must meet specific requirements.
• TN visa: The TN visa is also known as The North America Free Trade Agreement (NAFTA) visa and is available to nurses from Canada and Mexico.

If you would like to learn more about the different U.S. visas and how Espirita can help you with the process, view our page on U.S. visa requirements for foreign-educated nurses.

Applying for a U.S. visa as a nurse

How to apply for an EB-3 visa

In short, you’ll have to do the following to apply for an EB-3 visa:

• Meet skilled worker criteria
• Secure and present a job offer or labour certification
• Submit an I-140 petition

Because of the nature of the employment based-third preference (EB-3) visa, you must have a job offer and proof of a labour certification. Nurses must also prove they’re skilled workers, using the standards set by the United States Citizenship and Immigration Services (USCIS).

Once you can prove that you meet these requirements, your future employer must file an I-140 petition (which grants U.S. immigrants residency). It can take any time between four months and 14 months to be processed. After the I-140 petition has been approved, the USCIS will advance your visa application. Once your visa has been approved, you will receive it from your consulate or embassy, which you can then use to enter the U.S. at the port of entry. Here, you will present your visa and other necessary documentation to the U.S. customs and to a Customs and Border Protection (CBP) officer so you can enter the country.

Bear in mind that the USCIS may request additional information. For example, they may ask you to take part in an in-person interview or to provide biometrics for background checks.

How to apply for a H-1B visa

In short, you’ll have to do the following to apply for a H-1B visa:

• Meet specialty occupation requirements
• Secure job offer
• Employer files paperwork, including Labor Condition Application and Form I-129
• Pass H-1B visa selection process
• Complete Form DS-160 and schedule interview at U.S. embassy or consulate

H-1B visa applicants must check that their nursing position qualifies as a specialty occupation, which typically requires a bachelor’s degree in nursing or a related field. Once you have a job offer, your future employer will file a Labor Condition Application (LCA) with the U.S. Department of Labor. This ensures that your employment as a U.S. immigrant will not negatively affect the wages and working conditions of U.S. workers.

After the LCA is approved, your employer will submit Form I-129, Petition for a Nonimmigrant Worker, to the USCIS. This petition must include proof of your nursing license, your education credentials and evidence that the job qualifies as a specialty occupation. If the USCIS approves the petition, you will be entered into the H-1B visa selection process, as there is a cap of 65,000 H-1B visas issued each year.

If you’re selected, you will proceed to the visa application process. You’ll need to complete Form DS-160, Online Non-immigrant Visa Application, and schedule an interview at the U.S. embassy or consulate in your home country. During the interview, you’ll need to provide various documents, including your passport, a copy of the Form I-129, and the receipt notice from USCIS. If your visa is approved, you can then travel to the United States and begin working for your sponsoring employer.

Throughout this process, it’s important to ensure that all your documents are accurate and complete, as any inconsistencies can lead to delays or denials. Working with an immigration lawyer can be beneficial to navigate the complexities of the H-1B visa application process.

How to apply for a TN visa

Nurses who are Canadian or Mexican citizens are eligible to apply for the TN visa. Like the EB-3 and H-1B visas, the TN visa is also tied to employment and nurses must have licensure from the state they wish to practice in and need to hold a job offer. While the visa is the same, the application process differs between Canadian and Mexican nurses.

Canada

If you’re a Canadian nurse who wishes to work in the United States, you should follow these steps to gain a TN visa:

• What you need: A job offer and registration to the nursing board of the state you wish to work in.
• Where to apply: At the border, which includes any Canadian Port of Entry to the U.S.
• Processing: A CBP officer will assess the TN work visa application in-person and decide whether to approve or reject it.

If approved, the officer will provide a paper I-94 arrival/departure Record, which acts as the official documentation of your TN status. It’s important to note that Canadian citizens don’t need a TN visa stamp on their passports like Mexican citizens do.

Another option for Canadian nurses is to go through the USCIS Vermont Service Centre, where a USCIS officer will review their visa application and approve or deny it. Once it has been approved, you can take the approval notice to a CBP officer at a U.S. Port of Entry to be admitted to the U.S. using your TN work visa status. At the border, the CBP officer will issue a paper I-94 arrival/departure record.

Mexico

Unlike Canadian nurses, nurses with Mexican citizenship must attend a U.S. consulate to apply for a TN visa. Here’s how you apply for your TN visa:

• What you need: You will need to fill out the DS-160 Non-immigrant Visa Application form and a job offer.
• Where to apply: In person at one of the 10 recognised U.S. embassies and consulates in Mexico.
• Processing: At your appointment, a consular officer will review the TN visa application and either approve or deny it.

Once the visa has been approved, the consular officer will stamp your passport with a visa stamp, which can be used to seek admission to the U.S. at a Port of Entry. At the Port, you will receive an electronic I-94 arrival/departure record. This will serve as your official TN status documentation.

What if I already have a U.S. work visa?

If you’re already working in the U.S. on a work visa and want to change jobs to become a nurse or change your current nursing position, you will need to check if a visa change is required when switching jobs. This is because work visas are tied with specific employers who sponsor or back your visa.

If you’re unsure, check out our article on how to change jobs on a U.S. work visa, or register for U.S. job opportunities with Espirita to receive advice from our U.S. immigration lawyers and find a new vacancy.

What is the difference between a work visa and a work permit?

Some of the fundamental differences between a U.S. work visa and work permit, also known as an Employment Authorization Document (EAD), are:

• Role flexibility: EADs allow the permit holder to work any role for any employer, but work visas are tied to specific employers and roles.
• International travel: Work visas allow the holder to travel internationally, whereas an EAD doesn’t give automatic permission to travel.
• Application: Applicants can apply for a U.S. work permit after they’ve entered the country. However, visa applications must apply and receive their visa before moving to the U.S.
• Validity: Validity varies depending on the type of visa and can range from a few months to several years. Work permits typically last for a year but can be renewed.

Espirita can help you apply for a U.S. work visa

Espirita is here for you from the beginning of your job application all the way to helping you settle into the local community. Our immigration lawyers provide invaluable advice through the visa process, offering personalised support tailored to your needs.

“The team offers detailed guidance on visa processes and supports applicants throughout the recruitment journey. Their professionalism and commitment to ensuring a smooth transition make them a reliable choice for nurses seeking opportunities in the U.S.”

Nisha Phuyal, Registered Nurse

Nepal

Find your next nursing career in the U.S. with Espirita

Are you looking for your next dream nursing role in the U.S. but are unsure where to find it? Register with us to receive exclusive job opportunities. Our relocation experts will be in touch to help guide you through moving to the United States, wherever you are in the world. We will work with you to find your perfect role.