The Social Security Dilemma of Nurses

Question: I am a nurse and have just passed thebut cannot get the social security card had to go back
NCLEX. I have a hospital who is more than willing toto their home country to take the CGFNS in order to
sponsor me. However, I have a big problem. In order toshow that it was likely that they would pass the
apply for the Green Card through the Nurse Petition, INCLEX.
need to have my unrestricted State License. UnderSometimes it is silly laws like this that prompt action to
normal circumstances people can get their license asbe taken. Now, the Immigration and Naturalization
soon as they pass the NCLEX. However, I cannot getService will accept a nurse petition upon presentation
my license without a social security number. I cannotof a certified copy of a letter from the state of
get a social security number without a work permit. So,intended employment which confirms that the alien has
I am stuck. I am so close to getting the Green Card,passed the NCLEX examination and is eligible to be
yet not able to continue. Is there anything I can do?issued a license to practice nursing in that state.
ANSWER: Yes there is. This has been a considerableQUESTION: Now that I know that I can submit the
problem. It is a very unfortunate problem in that there isapplication for the Nurse Petition with proof of passing
a severe shortage of nurses in the United States.the NCLEX, when can I adjust my status to that of a
Because of that shortage one would think that the INSlawful permanent resident? ANSWER: Now, because
regulations would not put up so many hurdles toyou are immediately eligible to file the nurse petition,
bringing nurses into the country. The INS has finallyotherwise known as the I-140, you are also eligible to
seen this dilemma and now has created a solution.file for the adjustment of status simultaneously. This
Unfortunately the NCLEX is only offered inside themeans that you can file both the I-140 nurse petition
U.S., and therefore, it is necessary for many nursesand the I-485 adjustment of status petition at the
who come here on visitor visas to take the NCLEXsame time. You will get your temporary work permit in
while in the U.S. However, while on a visitor visa, theabout 90 days and then be able to legally work while
nurse does not qualify for the social security number.awaiting final approval on both the I-140 and the I-485
The irony of this is that these people would have to goadjustment.
back to their home country to take the CGFNS, waitQUESTION: Will I be able to leave the United States
outside the U.S. for over one year, and then comewhile I am awaiting the results of the I-140 and the
back in the country as a lawful permanent resident.I-485? ANSWER: Yes. You can apply for what is
The CGFNS does not mean that the nurse is licensedknown as Advance Parole. This will allow you to leave
to practice nursing in the United States. Rather, itthe United States while the petition is pending and to
states that a nurse is likely to pass the NCLEX whenreturn without a problem. This new regulation is most
she/he arrives in the United States. Once inside thewelcome. Hopefully, the INS will see other types of
U.S., then the nurse must take the NCLEX. Here is theproblems in the future and amend the regulations to
irony. A person who has passed the NCLEX already,ease the problems in applying for the visas.