A Comprehensive Guide to Filing Adjustment of Status Applications for International Nurses

VisaMadeEZ is an esteemed immigration law firm that specializes in assisting healthcare organizations with the recruitment of international nurses. As seasoned professionals, we understand the intricacies of the green card processes and procedures for family-sponsored or employment-based applications. In this article, we aim to provide a comprehensive guide on when to file your Adjustment of Status (AOS) application, ensuring a smooth and efficient process for healthcare organizations looking to hire international nurses.

Understanding Priority Dates

Priority dates play a crucial role in family-sponsored and employment-based green card applications. These dates determine when an applicant can file their AOS application and ultimately become eligible for permanent residency in the United States. It is important to stay updated on the visa bulletin, issued monthly by the U.S. Department of State, which provides information on visa availability and priority dates.

Family-Sponsored Green Cards

For healthcare organizations seeking to sponsor international nurses through family ties, understanding the process is paramount. The availability of green cards for family-sponsored applications is determined by the relationship between the applicant and the petitioner. The visa bulletin categorizes different types of relationships, including immediate relatives (spouses, unmarried children under 21, and parents of U.S. citizens), as well as specific preference categories such as unmarried sons/daughters of U.S. citizens or lawful permanent residents.

Use the Visa Bulletin charts below to determine when to file your adjustment of status application.

To use the charts

1. Find your visa type in the first column (on the left) of the appropriate chart (Family-sponsored or Employment-based).
2. Stay in that row and move directly to the right to find the corresponding date under the country of your birth (as listed in the boldface columns across the top).
3. If the date on the chart is current (“C”), or your priority date is earlier than the date on the chart, you may file your adjustment of status application, if otherwise eligible to do so.
4.  “U” means unauthorized; for example, numbers are not authorized for issuance.

Your priority date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS. If a labor certification is required to be filed with your immigrant visa petition, the priority date is the date the labor certification application was accepted for processing by the Department of Labor.

Employment-Based Green Cards

To sponsor international nurses through employment-based green cards, healthcare organizations must adhere to their respective preference categories. These categories are determined based on the relationship between the employer and the prospective employee, including the employer’s ability to demonstrate the unavailability of qualified U.S. workers for the position. Employment-based green card applications are processed within five preference categories, including priority workers (EB-1), professionals with advanced degrees or exceptional abilities (EB-2), skilled workers and professionals (EB-3), certain special immigrants (EB-4), and employment creation/investors (EB-5).