Canadian RN working in Florida, timeline for spouse to be able to legally work

[JohnnyFever 0]

Hi Everyone,

My Wife is considering taking a job with a hospital in Florida, she has been an RN for the past 15 years. I have a college degree and i work in Retail Management so technically i could qualify for a visa however the odds of a company sponsoring me for a retail management position are likely less than zero. Which brings me to my question. Can anyone explain the process/timeline of me obtaining authorization to work in the U.S. i understand there are some potential changes coming but who knows how long that will take. Any advice from someone who has been through this process or understands the process will be appreciated. Also suggestions on which visa would be best for our situation.

Here is what i think i know; my wife will need to obtain a TN-1 visa and at that point (assuming all our paperwork is in order) we can head south with the kids and she can start working. At that point if i could find anyone willing to sponsor me (i know this is extremely unlikely but just for the purpose of knowing my options) i could apply for a H1-B visa. If i am unable to find someone willing to sponsor me i would then need to wait until my wife became a citizen and at that point i can begin to apply for citizenship myself.

Any help or suggestions will be appreciated, i searched the forum and looked at the guides but i couldn't find answers to these questions.

Edited February 9, 2015 by JohnnyFever

[jan22 3,055]

One very important thing to understand....a TN visa is a non-immigrant visa and does not lead to permanent residency, let alone US citizenship. Should a company ultimately decide to sponsor her for a green card, there is a significant wait before it us granted, as the visa category has annual numerical limits.

There is no way for the dependent of someone in TN status to get work authorization in the US unless he changes status to an appropriate work visa category. An H1 for retail management is extremely unlikely. Plus, that category, too, is over-subscribed and usually results in a lottery among all of the petitions submitted, making it even less likely a company would want to spend the money to file a petition in your field, as there would be no guarantee you would ever get a visa after keeping a job open for you for at least five months (petitions filed in April for visas to begin work in October).

Good luck on making these decisions for your family.

[JohnnyFever 0]

Thanks for the information. Does anyone have any thoughts on which Visa would be best? Obviously if she takes a job the hospital would provide some guidance in this area as well we would likely get a lawyer. I am just trying to find out if it's even worth working towards.

[Boiler 45,499]

Seems likely she can get TN, you and the children would be TD which does not come with work authorisation.

Does your current employer have an operation in the US they could transfer you to?

[JohnnyFever 0]

Unfortunetly my current employer is a home grown company with no ties to the U.S. Thank you for the response. I am going to ask my wife to get a reference from the hospital she is speaking with from another nurse who has made this transition. I cannot imagine being able to live comfortably on 1 salary yet I have heard stories of nurses moving from Canada to the states, maybe their spouses are either nurses also or have a job with an international company allowing them to transfer and be sponsored.

[Boiler 45,499]

Or are not married.

TN is not that different to the H1b in this respect and they are snapped up very quickly.

[JohnnyFever 0]

That is certainly a possibility.

[TBoneTX 45,288]

*** Thread moved from the "What Visa Do I Need" forum to the Work Visas forum. ***

[kzielu 1,149]

Unfortunetly my current employer is a home grown company with no ties to the U.S. Thank you for the response. I am going to ask my wife to get a reference from the hospital she is speaking with from another nurse who has made this transition. I cannot imagine being able to live comfortably on 1 salary yet I have heard stories of nurses moving from Canada to the states, maybe their spouses are either nurses also or have a job with an international company allowing them to transfer and be sponsored.

There isn't really any visa for you - most visas that allow work are applied for by employers, not by employees. Your wife with TN has no automatic path to permanent residency or citizenship, seems to be dead end.

[Boiler 45,499]

Hospital could petition straight to GC, would take longer and cost more.

[JohnnyFever 0]

Thanks for all the advice everyone.

[ExPatty 502]

Thanks for the information. Does anyone have any thoughts on which Visa would be best? Obviously if she takes a job the hospital would provide some guidance in this area as well we would likely get a lawyer. I am just trying to find out if it's even worth working towards.

First of all as mentioned the TN is a temporary, non-immigrant visa. As such, you should not represent yourself at any point to immigration as intending to immigrate--that is, until you file the proper documents to actually declare that intent.

I think your best bet is to get your wife's employer to sponsor her for a green card as soon as possible (once you're settled in). They probably will not want to pay for it, but you will need their blessing and sponsorship. So, the lawyer may end up billing you and, if you accept to pay for that fee (these fees vary wildly, some lawyers way overcharge), the process gets started. There's really no good reason her company wouldn't do this, as the time is quite minimal and the cost immaterial if you foot the legal bills. Some time ago Registered Nurses were Schedule A professions, meaning that they are one of the lucky professions (they may still be--I've not checked recently), which really help the I-140 application. That is a precursor to the I-485, which is the actual adjustment for status. That is where you come in: you both end up filing I-485's. You benefit from your wife here. As part of the I-485 you will also apply for an employment authorization document which, once approved, lets you work in any job you like until the I-485 is either approved (in which case you have a green card) or denied (although that isn't likely, right?). In fact, your wife will also apply for an EAD. They are good for a year but can be renewed stateside, whereas the TN requires a trip to the border every 12 months. if this sounds like a pain in the butt, it is. However, it's probably the best route available to you right now.

If RNs are still the "short track" to green cards the way they were some years ago, that's your best bet and you should count your lucky blessings. This seems to indicate they are: http://www.foreignlaborcert.doleta.gov/perm_detail.cfm#schedule

Remember, for the TN your wife will need an offer of employment, and states differ WILDLY in how much of a pain in the rear they are with giving nursing licenses to Canadian nurses. For example, Alabama requires a social security number to get one, but you cannot get a social without a TN, which you cannot get without an offer of employment, which you cannot get without a license--see the circular silliness? And in NY state, it's one of the few or only states that requires CGFNS to acredit the foreign education, and it is a singularly hellacious organization and extremely, painfully slow to do its job.

That link I just gave mentions CGFNS. It appears that the cabal/mafia that is CGFNS still only mandates its use for New York. I strongly advise against dealing with this organization insofar as it is possible. Appears that it won't be needed for Florida, but the Florida state nursing board can explain exactly what is needed for a foreign nurse to get a license. It might be as simple as providing proof of valid canadian license plus passing the NCLEX exam.

Edited February 16, 2015 by ExPatty

[Manzan76 6]

TN visas can be issued for up to 3 years at a time now (with a properly written letter), and can also be renewed by mail without leaving the US.

[CdnRN 40]

I'm a canadian RN who initially entered on a TN status. TNs are the easiest for hospitals to give. Mine doesn't do other types nor does it sponsor for green cards. They will, however, renew the TN indefinitely. Check with the employer.

For the spouse, others have already answered the questions.

To enter the U.S. from Canada as an RN, it's a paperwork filled process, and I don't have time at the moment to write out long details. To summarize:

Your wife will need a visa screen certificate on entry to the U.S., it's to verify her education as a healthcare provider is sufficient.

Also Minnesota is the state that treats canadian trained RNs as the same as US (they don't differentiate since they recognize that all Canadian RNs are BSN trained). Get her license there and then transfer to whichever state you want. Much simpler than multiple extra hoops.

Get her US license before applying for jobs. NCLEX will be required.