The Law Office of Brian D. Zuccaro, PLLC

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DO I NEED A VISA SCREEN FOR MY TN VISA IF I WAS EDUCATED IN US?

Question: Do I need to obtain a Visa Screen for my TN Visa application if I graduated from a U.S. Nursing School and possess a New York License?

Reply: Yes. Contrary to some information online, a Visa Screen is still required in this scenario. DHS specifically addressed this in its rule implementing the Visa Screen / Health Care Worker Certification requirement:

DHS has concluded that foreign health care workers who received their training in the United States must comply with the certification requirement. The DHS will not modify the proposals contained in the proposed rule to wholly exempt foreign health care workers who received their training in the United States or who hold a license to practice in the United States. 68 FR 43901, 43905 (07-25-03).

There is, however, a “streamlined” process for the Visa Screen for those individuals who have graduated from the applicable accredited U.S. educational program. (Side-note: Do not accept all information found online about U.S. immigration law - especially that provided by non-lawyers.)