Eb3(Immigrant Visa) vs. Working Visa

World Immigration

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Hi guys!

Just want to ask if you have an idea regarding this one:

Is it possible for an employer (hospitals/nursing homes) to apply working visa for a nurse even though the nurse had an ongoing immigrant visa application? Could that be granted for the nurse? hope to hear from you soon! thanks!

Do i need to hire a lawyer to settle this?? And aside from h1b whatelse visa is better?? Thanks God bless everyone

Specializes in Medical and general practice now LTC.

A lawyer will need to be employed either by yourself or your employer but your employer has to pay all fees and supply necessary paperwork. They have to prove that the job can only be done by a BSN and that you have the required experience to meet that requirement and that they can not find anyone locally to fill the post. Unless the job is capped the lawyer applies now, you attend a interview and can not start working until Oct

http://www.uthouston.edu/dotAsset/11b9f020-cf59-4ec9-90f8-b4697f00f318.pdf

http://www.uscis.gov/files/pressrelease/NurseMemo_112702.pdf

There are two key concepts:1. The nurse must hold at least a Bachelors degree in nursing (e.g. BSN); AND

2. The position must normally require a Bachelors degree. MU has seen the most success in these scenarios:

A. The hospital is offering the nurse a position as a Clinical nurse specialist (CNS), Certified registered nurse anesthetist (CRNA), Certified nurse-midwife (CNM), or a Certified nurse practitioner (APRN-certified) Critical care and the nurse holds the certification;

B. If the nurse will be working in an Administrative position ordinarily associated with a Bachelors degree, such as Charge Nurse or Nurse Manager;

C. If the nurse will be working in one of these specialties: peri-operative, school health, occupational health, rehabilitation nursing, emergency room nursing, critical care, operating room, oncology and pediatrics. And the hospital will attest that these roles are only offered to those with Bachelors degrees. Some magnet hospitals have the BSN as its standards, and these make great destination hospitals for H-1 RNs.

All the positions I see at the place you mentioned an ADN is the requirement.

I agree with SD, hire a lawyer.

Specializes in Acute Care. ER. Aged Care/LTC. Psyche.
Do i need to hire a lawyer to settle this?? And aside from h1b whatelse visa is better?? Thanks God bless everyone

the thing with H1B is, your job should require a bachelor's degree and you have that degree. The nursing job that the hospital is offering you should be specialist nursing job that requires a BSN. Example: nurse manager, nurse supervisor, coordinator, etc, or other specialties that require a BSN or higher, like nurse practitioners, public health nurse, WOCN nurse, etc.

The problem is most US nursing jobs, even that of a manager, only require an RN and work experience, not a BSN. And you can be an RN here after finishing an associate degree. So in short, bachelor's degree is usually not required to fill most nursing positions making most foreign nurses ineligible for an H1B visa. But it's still possible given the right circumstances.

thank u so much to your prompt reply guys, it was helpful..

now i really dont know what to do :( i hope hiring a lawyer will help me get through this, and while the papers are in the process im gonna take more hospital experience.. btw, would it help if im gonna be a certified renal nurse here in philippines, coz im about to take that exam here.

Ive been there and whatever you do even if you are a renal nurse and a job offer with a lawyer helping you they will scrutinize everything from a to z in their requirements of getting that visa. My advice, slug it out with EB3.

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