US Visa Options for International Nurses: EB-3, H-1B, and TN Compared
Most internationally educated nurses use the EB-3 Schedule A immigrant visa. As of June 2026, Philippine nurses with a petition filed today face a 2-3 year wait; Indian nurses face approximately 12 years. EB-3 leads to a green card. H-1B is temporary, requires a BSN and an annual lottery win, but has no country-specific queue. TN is for Canadian and Mexican citizens only.
The U.S. Department of State warned in the June 2026 Visa Bulletin that EB-3 Final Action Dates may need to retrogress in coming months due to high visa demand. Current Final Action Dates:
- Philippines: August 1, 2023
- India: December 15, 2013
- All Other Countries: June 1, 2024
Track monthly updates at the Visa Bulletin Tracker.
Source: U.S. Department of State Visa Bulletin, June 2026
Visa Pathways at a Glance
| Pathway | Eligibility | Wait Time | Employer Required? | Green Card? | Best For |
|---|---|---|---|---|---|
| EB-3 Schedule A | All countries; RN license + VisaScreen | PH: ~2-3 yrs; India: ~12 yrs; Others: ~1-2 yrs | Yes | Yes — permanent | Philippine nurses willing to wait; most common pathway |
| H-1B | BSN required; annual lottery in April | 6-12 months if lottery won | Yes | No — temporary (3 yr + 3 yr renewal) | Indian nurses with BSN; nurses comfortable with lottery uncertainty |
| TN (USMCA) | Canadian or Mexican citizens only | Same day at port of entry (Canadians) | Yes | No — renewable, no green card path | Canadian and Mexican RNs |
| O-1A | Extraordinary ability (rare) | 3-6 months | Yes | No — temporary | Research nurses, highly published clinicians |
EB-3 Schedule A: How It Works
What "Schedule A" means
Congress determined that there is a persistent shortage of nurses in the United States. Because of this, EB-3 Schedule A nurses are exempt from the PERM labor market test that most EB-3 workers must complete. That test normally requires the employer to advertise the job, document that no qualified US workers applied, and get Department of Labor certification before filing any immigration petition. Skipping it saves 6-18 months and several thousand dollars in employer-side costs.
The EB-3 process, step by step
- Nurse obtains a VisaScreen certificate from CGFNS ($740 standard, 30-60 days; +$650 for priority processing)
- Employer files Form I-140 (Immigrant Petition for Alien Workers) with USCIS
- Priority date is established — the date the I-140 is filed
- Nurse waits for the priority date to become "current" on the DOS Visa Bulletin
- When current: nurse applies for an immigrant visa at a US embassy abroad (Form DS-260) or adjusts status inside the US (Form I-485)
- Nurse enters the US (or status adjusts)
- Green card is issued
Priority dates in plain language
Your priority date is the date the I-140 was filed. Each month, the Visa Bulletin publishes a cutoff date per country. When your priority date is earlier than that cutoff, you can move to the visa or adjustment stage. When more people are eligible than Congress allows visa slots for, the cutoff date stops moving forward or moves backward (retrogression). The Philippines went through retrogression in 2017-2018; the June 2026 DOS warning signals it may happen again.
The Philippines Situation
A Philippine nurse whose I-140 is filed in June 2026 has a priority date of approximately June 2026. At current movement rates, that date becomes current around 2028-2029 — a 2-3 year wait before the visa can be processed. The June 2026 DOS warning means dates could move backward before then, extending that estimate further.
Historical context: Philippines nurses saw retrogression in 2017-2018, with dates moving backward by more than a year. Nurses who started the process assuming a steady timeline were caught mid-process. The same risk applies today.
Source: NCSBN 2024 NCLEX Examination Statistics; U.S. Department of State Visa Bulletin June 2026
The India Situation
India's EB-3 queue has tens of thousands of petitions ahead of any new filer. An Indian nurse whose I-140 is filed today would wait until approximately 2038 or later under current movement rates. This is not a data error — it reflects the per-country cap structure in US immigration law and the volume of Indian nationals in employment-based categories.
H-1B is the only realistically time-bounded visa pathway for most Indian nurses. EB-3 filing still makes sense while on H-1B status (it preserves the priority date and allows H-1B extensions past the 6-year cap), but should not be the primary plan for US arrival.
Source: NCSBN 2024 NCLEX Examination Statistics; U.S. Department of State Visa Bulletin June 2026
H-1B for Nurses
H-1B is a nonimmigrant (temporary) visa for specialty occupation workers. Nursing qualifies in most cases, but with conditions:
- BSN required. Associate degree RNs typically do not qualify. The position must require a bachelor's degree in a specific field — most hospital RN roles requiring a BSN meet this standard.
- Annual lottery. Registrations open in March, selection in April. Recent selection rates have been 20-25% for regular cap applicants.
- Cap-exempt employers. Certain teaching hospitals and nonprofits are cap-exempt — nurses hired by these employers skip the lottery entirely. This is a real route that many nurses overlook.
- Timeline if selected. USCIS processes the I-129 petition over roughly 6 months after selection; US entry is allowed from October 1 of the selection year.
- Duration. 3 years, renewable once for 3 more years (6 years total). After 6 years in H-1B status, the nurse must leave or have an approved I-140 to extend further.
- H-1B does not create a green card. A separate EB petition is needed while on H-1B. Indian nurses on H-1B with an approved I-140 can extend H-1B indefinitely while the EB-3 queue moves.
Source: USCIS H-1B Program data; U.S. Department of State
TN for Canadian and Mexican Nurses
TN status is available only to citizens of Canada and Mexico under the USMCA (formerly NAFTA). Registered nurses are on the TN occupations list.
- Canadian RNs: Present a job offer letter and proof of RN licensure at a Canadian port of entry. TN is granted same-day by a CBP officer. No visa application, no petition, no lottery.
- Mexican RNs: Must apply at a US embassy or consulate for a TN visa before traveling.
- TN has no annual cap and is indefinitely renewable in 3-year increments.
- TN does not lead to a green card on its own. A separate EB-3 filing can run alongside TN status — TN is not "dual intent," but USCIS tolerates concurrent EB filings in practice.
Source: U.S. CBP TN Nonimmigrant Status; USMCA Annex 16-A
What Recruiters Don't Always Say About Visa Choice
Most staffing agencies push EB-3 as the default recommendation. One reason is structural: EB-3 ties the nurse to the sponsoring employer for the duration of the green card process. Leaving the employer mid-process typically means losing the petition and starting over. H-1B does not create the same lock-in.
A 2023 investigation by Type Investigations documented agencies charging $8,000+ in upfront fees plus contract breach penalties of $30,000 or more. These fees are illegal under USCIS regulations (employers must pay petition costs) but enforcement is limited.
Read any contract before signing. Any fee charged to the nurse for USCIS petition filing is prohibited. Liquidated damages clauses in excess of actual employer training costs are legally contested and have been challenged successfully. Know what you are agreeing to before the process starts.
Source: Type Investigations, 2023; USCIS 8 CFR 214.2(h)(9)(iii)(A)
Frequently Asked Questions
What visa do nurses use to work in the USA?
Most internationally educated nurses use EB-3 Schedule A (a permanent resident visa) or H-1B (a temporary work visa). EB-3 is more common because it leads to a green card and is available to nurses from any country. H-1B requires a BSN and an annual lottery win.
How long does the EB-3 visa take for Filipino nurses?
Approximately 2-3 years from I-140 filing to US arrival under current June 2026 Visa Bulletin dates. The June 2026 DOS warning about potential retrogression could extend that estimate. Track the current Final Action Date at the Visa Bulletin Tracker.
What is EB-3 Schedule A?
A special subcategory of the EB-3 employment-based green card for nurses (and physical therapists). Congress placed nurses on "Schedule A" because of a documented shortage, which exempts them from the PERM labor market test that other EB-3 workers must complete. This makes the process faster and less expensive for the sponsoring employer.
Can Indian nurses get a US work visa?
Yes, but the pathways differ in timeline. EB-3 Schedule A is available to Indian nurses, but the current Final Action Date is December 15, 2013 — meaning a new petition filed today would wait approximately 12 years. H-1B (requires BSN, annual lottery) is the only realistically time-bounded option. Indian nurses on H-1B can and should file an I-140 concurrently to lock in a priority date for eventual green card processing.
What is visa retrogression?
Retrogression happens when the DOS Visa Bulletin moves priority date cutoffs backward, because demand for visa numbers exceeds the annual congressional cap. Nurses who were close to becoming current can suddenly find themselves back in the queue. This happened to Philippine nurses in 2017-2018. The June 2026 Visa Bulletin included an explicit warning that EB-3 dates may retrogress again in the coming months.
Track Current Priority Dates
Priority dates update every month. Bookmark the Visa Bulletin Tracker to see the current Final Action Dates for Philippines, India, and all other countries.
Visa Bulletin TrackerLast updated: June 2026 · Sources: U.S. Department of State Visa Bulletin June 2026, NCSBN 2024 NCLEX Examination Statistics, USCIS, CGFNS International, Type Investigations 2023