Nurses Are Talking About: Concerns and Misconceptions About Foreign Nurses and Visas

Troy Brown, RN

Disclosures

June 02, 2017

In This Article

Nurses' Current Concerns and Misconceptions

"A lot of nurses are concerned. The fact that at any time, they could potentially leave their job and lose their working status is scary for them," Mr Topoleski added.

Some nurses wrote in to say that before they can hire a foreign national, employers must show that there are no US nurses to fill the position. That is not true for the TN or H-1B visas, nor for those seeking permanent resident status. Others said that foreign national nurses are sometimes paid lower wages than US nurses. That is also a misunderstanding.

With the H-1B, there's no requirement that you have to show any kind of shortage of US workers for the position.

"With the H-1B, there's no requirement that you have to show any kind of shortage of US workers for the position; you just simply have to show that the job is a specialty occupation and that the foreign national employee you're seeking to fill the position with presents credentials that meet those requirements and that the employer is offering a salary to the foreign national that is equal to or greater than the prevailing wage defined by the Department of Labor for that occupation in that location," Mr Topoleski said.

"In a lot of green card areas, there are requirements that an employer does have to do a test of the labor market.... Oftentimes nurses are exempted from that because there's another immigration law that recognizes that there's an ongoing shortage of nurses and physical therapists; and therefore when they apply for permanent resident status, they don't have to go through the same full labor market test that somebody in another occupation might," Mr Topoleski explained.

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