EB2 vs EB3 for Nurses

This week let us address a question from one of our readers who is also a nurse:

Q: I am a nurse who graduated in Cebu in 2010. I worked at a local hospital as a staff nurse. During weekends, I pursued my masteral studies and finished my masters in Nursing after two years.

I know that as nurses, we can be petitioned by a US hospital under the EB3 Category, which grants lawful permanent residency. However, this process takes a long time and is subject to visa retrogression. My question is, since I possess a master's degree, can I be petitioned under the EB2 category, the one for professionals with master’s degrees?

A: Both Employment Based Categories --EB3 and EB2 (so named because of the specific section number of the law they are under), are pathways for one to be petitioned for permanent residency. As the name suggests, this is employment-based, so you need to have an employer who files an I-140 petition. However, these two have significant differences in terms of eligibility requirements. For purposes of this question, I will limit my discussion to nurses.

For an EB3 category for professional nurses, this classification is for individuals with a US bachelor's degree or its foreign equivalent. Nurses who obtained their degrees in the Philippines do not have a problem complying with this requirement since a Philippine Nursing degree is equivalent to a US bachelor's degree. While most US states require only an associate degree in Nursing, having a bachelor's degree does not hurt and even places Filipino nurses at an advantage. This is the reason why most employers petition their foreign nurse hires under this category. The significant drawback though is that this EB3 category is subject to numerical limitations and, from time to time, visa retrogression.

It is also correct that an EB2 is a category for professionals with advanced degrees such as masters or doctorates. However, possessing a master’s degree does not automatically qualify a prospective employee to be petitioned under this category. What is even more important is that the job being offered requires an advanced degree for that position. Thus, if the position is for a nurse manager with a masters in healthcare or human resources management or its equivalent, then only a nurse who satisfies such advanced educational requirement qualifies. Conversely, if the job being offered is bedside, entry-level nursing where even an associate's degree or bachelor's degree is the minimum educational requirement, the nurse with a master's degree cannot be petitioned under EB2. She goes under EB3. Again, because the job itself does not require that the bedside nurse be a master's degree holder.

I hope this helps our nurses who have been chasing that American dream. 

This column is not a substitute for professional legal advice obtained from a US-licensed immigration attorney. The information contained herein does not constitute a warranty or guarantee or legal advice regarding a reader’s specific immigration case. No attorney-client relationship is and shall be established with any reader.

For any questions, comments and observations, please contact Atty. Marco Tomakin at [email protected]