Paperwork · Green card

A Nurse's Green Card Is a Queue the NCLEX Lets You Join. In October 2026 It Moved Back, to 15 May 2024

A US green card for a nurse works differently from almost any other job. Nurses are already on a federal list of jobs with too few American workers, so the employer can skip the job-advert test. One of the conditions for using that list is passing the NCLEX-RN. After that, it is a queue, and the queue is set each month by the State Department's Visa Bulletin. This article checks all three against the federal rules, USCIS and the State Department, and lines up how long the wait is using only published figures. The October 2026 bulletin is the first of the new fiscal year, and for most countries the nurses' line moved backward.

How to read this article The Visa Bulletin, the National Visa Center's timeframes and the State Department's visa notices were checked on 18 October 2026, as were USCIS's fees, processing times and Policy Manual and the federal rules (20 CFR 656, 8 CFR 204.5 and 212.15). This article does not tell you which visa category to file under. The employer chooses the category, and advice on an individual case is an immigration lawyer's job. What is here is the route the rules set for nurses and how to read the queue. Sources are at the end.

1. Nurses are on Schedule A: no job-advert test

An employment-based green card normally starts with the employer proving to the Department of Labor that no American applied for the job. The employer advertises, screens the applicants and has the result certified (the process usually called PERM). That step alone can take a long time.

Nurses skip it. The Labor Department's rule at 20 CFR 656.5 keeps a list, Schedule A, of jobs it has already decided are short of US workers. Group I has two entries: physical therapists and professional nurses.

For a Schedule A job the employer does not apply to the Department of Labor at all. It attaches the labor certification form (ETA-9089), uncertified, to the immigrant petition (Form I-140) and files both directly with USCIS. Before that, the employer has two main jobs:

The reverse also holds: an employer cannot put a nurse through the ordinary labor certification. The rule says a labor certification for a professional nurse can only be filed under Schedule A.

2. The NCLEX is one of the conditions, and it decides when you join the queue

To be filed for as a Schedule A nurse, you must meet one of three conditions (20 CFR 656.5(a)(2)):

  1. a full and unrestricted nursing licence in the state where you will work
  2. a certificate from TruMerit (formerly CGFNS)
  3. a pass on the NCLEX-RN

The USCIS Policy Manual says you must meet it on the day the I-140 is filed. A state licence needs an NCLEX pass first, so two of the three routes run through the NCLEX. The third, the TruMerit Certification Program ($495), is described by TruMerit itself as a route for nurses who cannot sit the NCLEX at an international test centre, and it has its own exam. The NCLEX has international test centres in, among other places, the Philippines, India and Jordan.

This is where the priority date, your place in the queue, matters. For Schedule A, the priority date is the day USCIS accepts the I-140 (8 CFR 204.5(d)). If your petition rests on your NCLEX pass, every month the pass is delayed is a month later in the queue. The green card wait is not time added after the NCLEX. If the NCLEX is your condition, it is time that cannot start until you pass.

The petition is filed by a US employer, not by you Only a US employer can file the I-140 (8 CFR 204.5(c)). A nurse cannot petition for themselves. The employer can be a hospital or a staffing company that places nurses at several hospitals; the USCIS Policy Manual names staffing agencies as an example of an employer with more than one worksite. The offer has to be full-time and permanent.

3. Most nurses file as EB-3, and why not H-1B

Employment-based green cards are split into preference categories. The USCIS Policy Manual says this about nurses:

Skilled workers and professionals share the same "3rd" row of the Visa Bulletin. The employer picks the category from the job and its requirements.

Why nurses usually go straight to a green card The H-1B work visa is for jobs whose minimum requirement is a bachelor's degree. In a 2015 memo USCIS wrote that most registered nurse jobs do not qualify, because an RN job does not normally require a degree (advanced practice nurses can be an exception). That is why a foreign-educated nurse usually enters the US on an immigrant visa from the start, instead of arriving on a work visa and switching later.

4. Reading the Visa Bulletin: October 2026

Green cards are capped each year, and no single country can take more than 7% of them. Where demand is higher than the cap, visas go out in priority-date order. Each month the State Department publishes how far it has got: the Visa Bulletin.

Rows are categories (1st, 2nd, 3rd…) and columns are countries. Only four have a column of their own, because their demand has hit the cap: China (mainland-born), India, Mexico and the Philippines. Everyone else, including Nigeria, Kenya, Ghana, Nepal, Pakistan, Jamaica and the UK, reads the column called "All Chargeability Areas Except Those Listed". The column follows your country of birth, not your passport.

There are two charts:

A date in the box means people who joined the queue before that date are being served. "C" (current) means no wait.

The EB-3 (3rd) row in the October 2026 bulletin:

So a nurse born in Nigeria or Kenya is waiting for petitions filed about two years and five months before the bulletin month. Born in the Philippines, about three years and two months. Born in India, more than twelve years: an Indian-born nurse whose I-140 is filed today joins the back of a line that is still serving petitions from 2013. That is not a reason to stop, but it is the number to plan around.

For scale, the State Department's annual report for fiscal year 2024 counts 38,566 green cards in the EB-3 skilled-worker and professional categories, issued abroad or adjusted inside the US. 9,111 went to people from the Philippines. These figures cover every occupation, not only nurses.

5. The queue also moves backward

Bulletin dates do not only move forward. Here is the EB-3 Final Action date for "all other countries" since 2020:

In 2023 and 2024 the date fell late in the fiscal year and recovered in October, when the new year's numbers arrived. October 2026 did the opposite. The State Department's note in the bulletin says that, with the new fiscal year's numbers, dates advanced in many categories, but some employment-based categories for "Rest of World" countries had to retrogress to keep issuance within the fiscal year's quarterly and annual limits, and that it is watching the situation. Dates for Filing went from C to 1 August 2024 at the same time.

The September 2026 bulletin had already explained that the summer's advances came about because administration measures, among them a pause on immigrant visas for nationals of 75 countries, had cut issuance to some nationalities, and warned that retrogression might be needed if demand reappeared or the measures changed. The pause stopped applying on 21 August 2026 under a court order (more in section 7). A date that was once C fell more than three years behind in 2023. A bulletin date is not a promise.

6. How long it takes: three clocks, no total

No government body publishes a total for "how long a nurse's green card takes". It publishes three clocks that run separately:

The clocks do not add up. Your priority date is fixed the day the I-140 is filed, so the queue keeps moving while USCIS reviews it. The one firm rule is this: no interview is scheduled until the Final Action date passes your priority date.

Before any of the three clocks start,
there is the NCLEX.

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7. The interview: where, and what you bring

Once the I-140 is approved, the case moves to the NVC and the steps are yours. Since 1 November 2025, the NVC books immigrant visa interviews in the consular district where you live, or in your country of nationality if you ask. A nurse born in Kenya and working in Saudi Arabia, for example, interviews where they live unless they request Kenya. People living in a country with no routine visa operations go to a designated post.

The 75-country pause no longer applies From 21 January 2026 the State Department paused immigrant visa issuance to nationals of 75 countries, among them Nigeria, Ghana, Pakistan, Nepal, Bangladesh, Jamaica and Brazil. The State Department's page says that as of 21 August 2026, under the court's order in CLINIC et al. v. Rubio, the pause is no longer in effect. India, the Philippines and Kenya were not on the list. If your case was refused only because of the pause, check the State Department's page for how it is being reviewed.

What a nurse needs at the interview, from the State Department's immigrant visa pages:

After the visa is issued you pay the USCIS Immigrant Fee ($235). USCIS asks you to pay it before you travel; you can pay after arrival, but the green card is not sent until you do. You must enter the US before the visa expires, which is normally six months from the medical exam. The card is mailed to your US address after you arrive.

8. Who pays what

The government fees are split between the employer and you:

Your employer cannot charge you for the labor certification The Labor Department's rule (20 CFR 656.12(b)) forbids the employer to recover the costs of the labor certification from you, including the employer's lawyer's fees, and "recover" includes deductions from your pay. You may pay for a lawyer who works for you. But if it is the same lawyer as the employer's, that cost is the employer's.

9. When your turn comes, keep moving

After the long wait, there are deadlines on your side:

And after you arrive: a green card holder who stays outside the US for more than a year can lose permanent resident status. If you plan long visits home, check the rules before you go.

Summary

  1. Nurses are on Schedule A, so the employer files with USCIS without the job-advert test
  2. One condition is a state licence, a TruMerit certificate or an NCLEX pass, met on the day the I-140 is filed
  3. Priority date = the day the I-140 is filed. If the NCLEX is your condition, a later pass means a later place in the queue
  4. Most nurses are EB-3: the "3rd" row, in the column for your country of birth
  5. October 2026 Final Action: 15 May 2024 for most countries and Mexico, 15 August 2023 for the Philippines, 1 January 2014 for India
  6. The queue moves backward: it fell to 1 May 2020 in 2023, and three and a half months in October 2026
  7. No official total time. I-140: 80% within 25.5 months (15 business days with premium processing). NVC: about two and a half weeks to create a case and ten weeks to review documents
  8. You pay $1,320 in government fees plus the medical; your employer cannot charge you for the labor certification

Frequently asked questions

How can a foreign-educated nurse get a US green card?

A US employer has to file an immigrant petition (Form I-140) for you; nurses cannot petition for themselves. Because nurses are on the Department of Labor's Schedule A list of shortage jobs, the employer can skip the job-advert test (PERM) and file directly with USCIS. On your side, you need a full state nursing licence, a TruMerit (formerly CGFNS) certificate or an NCLEX-RN pass on the day the I-140 is filed. After approval, you send documents to the National Visa Center and interview at the US embassy or consulate where you live once the Visa Bulletin reaches your priority date.

How long does a nurse's green card take?

There is no official total. Three figures are published. The I-140: 80% of USCIS's "Schedule A Nurses" petitions were completed within 25.5 months (15 business days with premium processing, which costs the employer $2,965). In the October 2026 Visa Bulletin, the EB-3 Final Action date is 15 May 2024 for most countries and Mexico, 15 August 2023 for the Philippines and 1 January 2014 for India. The National Visa Center was taking about two and a half weeks to create a case and about ten weeks to review documents in mid-October 2026. These run in parallel, so they do not add up, and bulletin dates can move backward, as they did in October 2026.

What is the EB-3 visa bulletin date for nurses in October 2026?

In the October 2026 Visa Bulletin, the EB-3 (3rd) Final Action date is 15 May 2024 for "All Chargeability Areas" and for Mexico, 15 August 2023 for the Philippines, 1 January 2014 for India and 8 January 2022 for mainland China. The Dates for Filing chart is 1 August 2024 for most countries and Mexico, 1 January 2024 for the Philippines and 15 January 2015 for India. The "all other countries" date moved back from 1 September 2024 in September; the State Department said the retrogression was needed to stay within the fiscal year's limits.

Sources (checked 18 October 2026) Schedule A (Group I is physical therapists and professional nurses) and the three nurse conditions: 20 CFR 656.5 (ecfr.gov)
Schedule A is filed with USCIS; prevailing wage and notice; nurses cannot use ordinary labor certification: 20 CFR 656.15, 20 CFR 656.10(d)
No recovery of labor certification costs from the worker, including pay deductions; the worker's own lawyer: 20 CFR 656.12(b)
Priority date is the I-140 filing date; only a US employer files; skilled worker and professional: 8 CFR 204.5(c)(d)(l)
Conditions met on the filing date; most nursing jobs are skilled workers (EB-3); staffing agencies: USCIS Policy Manual, Volume 6, Part E, Chapter 7
Most RN jobs do not qualify for H-1B: USCIS PM-602-0104, Adjudication of H-1B Petitions for Nursing Occupations (18 February 2015)
Health care worker certificate and the English-test exemption list: 8 CFR 212.15
TruMerit Certification Program $495 and VisaScreen $740: TruMerit Fee Schedule (trumerit.org)
October 2026 charts, the note on Rest of World retrogression: State Department Visa Bulletin For October 2026; September 2026 charts and the note on the summer advances: Visa Bulletin For September 2026 (travel.state.gov)
2020–2026 history: State Department Visa Bulletins, October 2020 to October 2026
EB-3 numbers by country: State Department Report of the Visa Office 2024, Table V (Part 2)
The 75-country pause and its end on 21 August 2026: State Department Immigrant Visa Processing Updates for Nationalities at High Risk of U.S. Public Benefits Reliance (updated 28 August 2026)
Interviews in the country of residence from 1 November 2025: State Department Adjudicating Immigrant Visa (IV) Applicants in Their Country of Residence (updated 15 July 2026)
I-140 processing time for Schedule A Nurses: USCIS Check Case Processing Times (egov.uscis.gov)
I-140 $715 / $665, Asylum Program Fee, premium processing $2,965 and 15 business days, Immigrant Fee $235: USCIS G-1055 Fee Schedule (edition of 16 October 2026), How Do I Request Premium Processing?
Immigrant visa fee $345: State Department Fees for Visa Services
NVC timeframes (13 October 2026) and the one-year rule: State Department NVC Timeframes
Interview documents, the medical, not resigning before the visa, absence of more than a year: State Department immigrant visa pages and embassy immigrant visa instructions; police certificates: Visa Reciprocity and Civil Documents by Country

The queue starts the day you can file. For most nurses, that means the NCLEX-RN.

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