January 15, 2003

INS Issues New Rule on Licensing and Immigrant Petitions for Nurses

The INS issued a memorandum of guidance on December 20, 2002, directing all INS offices that they may approve an Immigrant Petition (I-140) for a schedule A nurse, as long as all other requirements applicable to the petition are met, upon presentation of a certified copy of a letter from the state of intended employment which confirms that the foreign national has passed the NCLEX-RN examination and is eligible to be issued a license to practice nursing in that state. Thus, the INS instructs that it is sufficient for the nurse to have successfully passed the NCLEX-RN examination in lieu of either having passed the CGFNS or being in possession of a full and unrestricted license to practice nursing in the state of intended employment. Prior to issuance of the state license, states may require proof of a social security number, submission of fingerprints, proof of a local residence, and other requirements that cannot be satisfied from abroad. While the NCLEX_RN examination is currently available only in the United States, many foreign nurses are admitted in a nonimmigrant classification that allows the foreign nurse to take the examination. While this rule increases the ability to obtain an approval of the Immigrant Petition, it does not affect the requirements for adjustment of status or the application for an immigrant visa, in which case the CGFNS or a certificate from an equivalent independent credentialing organization is required. The INS memorandum was issued pursuant to formal written guidance from the U.S. Department of Labor Employment and Training Administration. A copy of the memorandum is attached.

  INS Memorandum (PDF/90 kb, 3 pages)