USCIS Denies Many Nurse Visa Applications Over License Issues
USCIS denies many registered nurse visa applications citing state licensing issues.
Why it matters: This disrupts visa approvals vital for healthcare employers amid a 200,000 nurse shortage. Immigration and legal counsel must track these shifting practices to advise clients effectively.
- USCIS denies or inconsistently processes nurse visa applications based on state licensing, per National Law Review report.
- Nearly 200,000 annual registered nurse vacancies in the U.S. worsen staffing crises, Axios reports.
- State Department froze EB-3 visa processing for nurses for the current fiscal year, limiting new hires, Axios notes.
- DOL proposes wage rules raising nurse visa wages 25-35%, detailed under 20 CFR § 655.1100.
USCIS is denying or inconsistently handling visa applications from registered nurses due to issues with state licensure, disregarding the government rules that guide these requirements, according to a National Law Review analysis. This practice contrasts with federal regulations meant to standardize licensure verification.
The U.S. faces an annual deficit of about 200,000 registered nurses, a shortage exacerbated by workforce burnout, per Axios reporting. Healthcare providers depend on foreign-trained nurses to fill critical gaps, making visa processing impediments a significant risk factor.
The State Department has frozen EB-3 visa issuance for nurses and similar skilled workers for the entire fiscal year after a previous freeze, restricting new nurse hires, per Axios.
Meanwhile, the Department of Labor proposed updated wage calculation rules for visa-holding nurses that could increase hourly pay by 25-35%, raising wages from about $40 to over $50. The DOL’s stated goal is to protect domestic wages without harming foreign nurse employment prospects. These rules are detailed in federal regulation 20 CFR § 655.1100.
Healthcare advocacy groups including the American Hospital Association and the American Organization for Nursing Leadership support legislation to redirect 25,000 unused green cards to nurses to alleviate workforce shortages.
Immigration attorneys and corporate counsel working with health-sector employers should monitor ongoing USCIS visa processing changes and regulatory proposals carefully to navigate compliance and staffing strategies.
By the numbers:
- 200,000 — estimated annual registered nurse vacancies in the U.S.
- 25,000 — unused green cards proposed for reallocation to nurses by bipartisan bill
- 25-35% — proposed wage increase for visa-holding nurses by DOL regulations