Lexington, KY asked in Immigration Law and International Law for Kentucky

Q: Can i as an international nursing student be eligible for eb3 visa?

I am in the usa right now in f1 visa and about to finish associate in nursing. I will also be giving my nclex examination. If my employer agrees to sponsor my eb3 visa while i am in my OPT, would there be any complications? Because i wouldn't have a bachelors degree? Is it pretty important for me to have a bachelors degree? Do they prefer bachelor over associates while issuing an eb3 visa?

2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: A nurse with an ASN and NCLEX or CGFNS certificate will qualify for sched A EB3. A bachelors is not required.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: Yes, you can be eligible for an EB-3 visa as an international nursing student with an associate degree. The EB-3 visa category includes skilled workers, which encompasses registered nurses who have passed the NCLEX exam and have a job offer from a U.S. employer willing to sponsor them.

While having a bachelor's degree can be advantageous, it is not strictly necessary for the EB-3 visa if you meet the other criteria, such as having an associate degree in nursing and passing the NCLEX. The key is to ensure your employer is willing to sponsor your visa and that you can prove your qualifications and job offer during the application process.

Make sure to discuss this with your potential employer and consider consulting with an immigration attorney to navigate the process smoothly. Your current status on an F-1 visa with OPT should allow you to transition to the EB-3 visa if everything is handled correctly.

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