The EB-3 Visa Lawyers Guide: Navigating Your Path to U.S. Employment
The EB-3 Visa Lawyers Guide: Navigating Your Path to U.S. Employment In the intricate world of U.S. immigration, securing…
While there is no shortage of great nursing programs in the United States, including right here in Austin, the TN visa for registered nurses (RNs) is a valuable resource in addressing the nursing shortage faced by Texas and the rest of the United States.
These days, RNs across the country are working unbearably long hours, sometimes 60-hour weeks or more, caring for patients in hospitals, while bearing the brunt of what is now called the fourth wave of coronavirus. Even before the pandemic, the U.S. Bureau of Labor Statistics reported RNs are in high demand, with the occupation expected to grow faster than average. Read on for more information about how the TN visa program can provide an opportunity for RNs from Canada and Mexico to work and live in the U.S., providing a pathway for their families and greater access to healthcare for all Americans.
The TN visa category is a type of employment-based work visa created by the North American Free Trade Agreement’s (NAFTA) special economic relationships between Canada, United States, and Mexico. Under the TN visa, certain workers from Canada and Mexico may come to the United States to work. These professionals include, among others, professionals like:
The TN visa for nurses is just one of many kinds of professions addressed in the NAFTA agreement, but it is an invaluable one for the American healthcare system.
We offer world class communication and responsiveness to all of our clients and our comprehensive approach can simplify even the most complicated of visa programs.
According to a Texas Organization for Nursing Leadership (TONL) report from 2008, the nursing shortage in Texas was critical then, with a full-time nursing staff shortage of 22,000. This number was expected to grow to over 70,000 by 2020 as a result of population growth, an increase in RNs reaching retirement age, and a lack of new nursing school graduates. That was before the COVID-19 pandemic hit.
Despite the number of RNs in Texas growing over 43 percent between 2010 and 2019 as a result of increased attention and funding to the shortage, the gap remained. CNN reported that, of the 418,000 RNs across the U.S. who resigned from their jobs in 2017, 30 percent of them attributed it to burnout. Now, healthcare systems across the state are reporting double digits staffing shortages, with the nurses who are on staff experiencing serious burnout, an existing problem worsened by the pandemic.
The TN visa category is an indispensable tool that can help resolve the RN shortage because it addresses one common problem RNs face when trying to get work permits to come to the United States. Many RNs do not qualify for a work visa under the H-1B program because their nursing license does not require a bachelor’s degree. For nurses with Mexican or Canadian citizenship, however, the TN program offers a special pathway.
Unlike the H-1B visa category, there is no limit on the amount of TN visas that may be issued. This means that there is an unlimited potential for qualified nurses to enter the United States and help close the gap in healthcare. In July of 2021 alone, 2,862 TN visas were issued in total to qualifying temporary workers; of those, 2,855 originated in Mexico, five in Canada, and two at European consulates.
The TN visa category provides nonimmigrant status to qualified Canadian and Mexican citizens to enter into the United States to work. In order to qualify, visa applicants must:
There is not a separate application or category for different professions, but each visa applicant must show they meet the qualifications to practice their profession in the United States. For RNs, that means:
The process of obtaining work authorization under the TN visa program varies depending on the applicant. Because Canadian citizens are not required to have a visa in order to enter or stay in the United States, the process may begin at the border. Canadian RNs may submit their proof of eligibility for the temporary work authorization under the TN category directly to Customs and Border Patrol (CBP) agents at a port of entry, pay the TN processing fee and be admitted upon approval.
Because Mexican nationals require a visa in order to enter the United States as a TN nonimmigrant, the process must begin before arriving in the United States. Mexican nationals must:
While providing proof of RN licensure is not required for the TN visa classification, it is required for the job itself, and it makes TN nonimmigrants even stronger candidates. Because strong candidates without any disqualifications are rarely denied, providing the best evidence possible is always a good idea.
All TN nonimmigrant RNs should be aware of a few key points and tips to keep their employment and entry into the United States going smoothly.
Consider, for example, the exceptions to the student visa off-campus employment restrictions. A healthcare facility may employ a nursing student in Curricular Practice Training (CPT) or Optional Practice Training (OPT) capacity and want to hire that student after graduation and licensure. At this time, the visa holder would apply to adjust status from a student visa to a TN nonimmigrant visa, and the employer will need to file their petition.
Only one I-129 needs to be filed if the RNs will all be employed for the same period of time, which, considering the long-term projected need of the healthcare profession for RNs, is for the three years admission allowed by the TN classification. In order to strategically plan for the future, employers who are seeking to fill gaps in their RN labor force may want to consider how an experienced business immigration attorney can help them streamline their employment processes to avoid unnecessary paperwork and fees.
Current administrative processing times for Form I-129, as of August 2021, are about one month, while the wait time for a visa interview at most U.S consular offices in Mexico is about two weeks. Once approved and allowed entry into the U.S. to work, all TN nonimmigrant RNs are ready, from an immigration standpoint, to begin work!
There are far more advantages to RNs from Canada and Mexico entering the United States on a TN nonimmigrant visa classification than there are disadvantages. However, employers with significant gaps to fill, such as county health systems in large, urban areas, will likely want to apply strategic, long-term planning in order to reduce administrative costs and leverage the full benefit of the program.
For visa beneficiaries, it is important to consider that the TN visa program is not a dual intent visa, and so it will be necessary to continue to demonstrate the intent to return to the home country at the end of the employment period. The spouse and eligible children of TN visa beneficiaries can also apply for TD visa status, which will allow them to live in the United States for the duration of the TN visa holder’s I-94.
The EB-3 Visa Lawyers Guide: Navigating Your Path to U.S. Employment In the intricate world of U.S. immigration, securing…
Navigating the J-1 Visa Without the Two-Year Home Residency Requirement For many international visitors on a J-1 visa, the…
Guide to the H-2A Visa Program in 2024 The H-2A Visa Program is designed to address the challenges faced by…
The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
