One of the most common ways that intending immigrants acquire lawful permanent residency in the U.S. is through their employment as a health-care worker. This method has become especially common in recent decades due to the severe shortages that currently exist in the U.S. health care industry. Despite the frequency with which aliens apply for their permanent residency as health-care workers, though, it remains one of the most complex areas of U.S. immigration law.

This complexity stems partially from the fact that certain health-care workers are only admissible to the United States if they have received a certification from an approved agency, commonly the “Commission on Graduates of Foreign Nursing Schools.” The certification must verify the following:

1. The alien has received education, training and a license that meets certain requirements and is comparable with that required for a U.S. health-care worker of the same type;

2. The alien has been deemed to be competent in oral and written English; and

3. The alien has passed the occupation’s licensing or certification examination (if a majority of the states licensing the occupation recognize such a test or examination as a predictor of the applicant’s future success).

Which types of health-care workers are required to be certified? There are a total of seven categories of health-care workers subject to the certification requirements, including but not limited to Nurses (Registered and Licensed Vocational/Practical), Physical Therapists, and Physician Assistants. The U.S. Department of Homeland Security has declined to provide a specific definition for each health-care occupation subject to the certification requirement, but rather will make an individualized determination based on the intending immigrant’s job duties to determine if the position falls into one of the listed health care occupations.

Further, health-care workers in certain occupations have been granted distinct advantages in their pursuit of lawful permanent resident status. This preferred treatment has been manifested by certain professional nurses, and others, not being required to have a Labor Certification application filed on their behalf. The granting of lawful permanent residence in the absence of an approved Labor Certification application is a significant benefit because the application could potentially take several years to be approved. Therefore, it is imperative to know which occupations the U.S. Department of Labor has already determined to possess a lack of able, willing and qualified U.S. workers.

Obtaining lawful permanent resident status in the U.S. is a viable and realistic option for many foreign health-care workers. However, they should remember that the process is complex, and that one small mistake may cause years of delay. For this reason, it is always advisable to retain the services of an experienced and knowledgeable attorney who is dedicated solely to the practice of immigration law.