Immigration Law WeeklyOctober 30, 1995
I am a registered nurse working in the United States under TN status. I plan to file for permanent residence soon. Is it easy to make the transition from TN to a green card?
As a registered nurse under TN status, you do not have to possess a valid and unrestricted license to practice nursing in the State having jurisdiction over your intended place of employment. While licensure in the State of intended employment is normally required under TN status, there is no requirement that it be unrestricted. A temporary, provisional or restricted license may be sufficient. Also, you may still be eligible under TN with a license to practice nursing in another State or Province. If this is the case, you may still be eligible for TN as long as the proposed U.S. activities involve nursing and a local license is not necessary for such activities (for example, if you are working under the direct supervision of a licensed nurse, etc.).
In the case of permanent residence, the Schedule A, Group I exemption from labor certification requires you to have a valid and unrestricted license to practice in the State of intended employment. If you do not have such a license in that State, you must pass the Commission on Graduates of Foreign Nursing Schools ("CGFNS") examination. A restricted license to practice nursing in the State of intended employment or an unrestricted license to practice nursing in another Province or State will not exempt you from this requirement.
Also, the TN category is subject to a presumption of immigrant intent. The filing of a permanent residence petition may be grounds for refusing you entry into the United States. You should change status from TN to H-1B just before you file for permanent residence as you may have dual intent under H-1B. Alternatively, renew your TN before filing for permanent residence and do not leave the United States until you have been granted permanent residence.
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