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Professional Licensure PDF Print E-mail
Written by Jose E. Latour   
Sunday, 31 December 2006

[NOTE: If your profession is NOT subject to state licensing, you may disregard this section of the handbook.]

When hired by a United States employer, your employer will probably ask you to provide the documentation necessary for securing a temporary state license in your profession. Your temporary license is predicated upon your successfully passing the regular Board licensing exam for your profession. While your employer can provide guidance in helping you prepare for your state licensing exam, it is ultimately your responsibility to spend the necessary time studying and learning the materials required to successfully pass the test. This is expected from every new U.S. graduate, and the identical criteria is applied to foreign professionals who seek to work in the United States.

Depending upon your particular arrangement with your employer, either you or your company will be responsible for the necessary communications with the States' Department of Professional Regulations in conjunction with your permanent licensure examination. In most states, your temporary license is valid only until you receive the results of the first available examination subsequent to your arrival in the United States. For example, if you entered on January 1, the test is given on March 1, and the results are expected around April 1, your temporary license will probably allow you to work until April 1, when you find out whether you passed or failed. If you pass your examination, you will obtain your permanent license and your ability to continue working for your employer will be uninterrupted. If, however, you are unsuccessful in passing the examination, your temporary license will probably not allow you to continue working. (NOTE: Some states have regulations which will allow you to continue working on a temporary basis until the results of a second examination are in; still other states will allow a person to continue working and renew a temporary license for longer periods. This varies from state to state and each states' regulations change continuously. It is essential that you maintain active communication with your company's recruiter to ensure compliance with applicable regulations.)

If you fail your examination and are unable to continue temporarily working in the United States, it is necessary for you and your employer to determine a course of action. This is best negotiated in advance and it is an issue which you should raise with your employer prior to taking the permanent licensure examination. If you fail the exam, several options exist:

  • You may return home, subject to your employment contract with your employer.
  • You may file to convert to B-1 visitor status, allowing you to remain in the United States while studying for the next examination. A substantial probability of denial exists.
  • Your original employer may be able to transfer you to a new state under a new temporary license. (NOTE: the Immigration and Naturalization Service generally disapproves of multiple temporary licenses, and state licensing boards may be reluctant to issue a new temporary license if they are aware of your unsuccessful test attempt in another state. INS rules preclude obtaining a renewal of visa of change of employer when a second temporary license is involved. This last option may be available in only very limited fact situations.)

 

Your employer will work to facilitate your study efforts and prepare you for the licensure examination. While no licensing exam is easy, they are generally reasonably prepared examinations which test your cumulative knowledge of the profession in which you seek to practice. During our research and studies, we have determined that the two most common reasons that candidates identify in failing their state licensure examination are:

  • Failure to study and prepare adequately for the examination.
  • Failure to possess the necessary English language proficiency to pass the examination.

 

REMEMBER: these are your responsibilities! In order to ensure your continued employment in the United States, you will need to make sacrifices in your personal time to study adequately for the examination. This will mean hard work on weekends and evenings, and it may mean putting your social life on hold for a brief period. As all new U.S. graduates do, you must set aside many of these personal interests temporarily while preparing for the examination.