About I-140

NYrnTX · Jan 30, 2005

Normally, Immigration to US on Employment category is a 3 step process

Step1 : govt. verifies that No qualified americans are avaialble for the job (Labour certification)

Step 2 : Employer files a petition (I-140) to the govt saying that I am willing to hire this person

Step 3 : Applicant files for Adjustment of Status.

Among these 3, step 1 (labour certification) is the most complicated and time consuming process (Aprox. 3 years irrespective of Prioirtiy dates) PERM is desgined only to reduce the delay in labour certification.

We nurses (and PTs) are lucky because nurses dont need labour certification and can directly go to step 2. Since PERM is meant ONLY for Labour certification it is not going to help nurses at all. A qualified nurse using PERM ( how ?? ) is like someone who is already on the second floor going down to first floor and then going to third floor.

Sylvia00 · Jan 31, 2005

December 31 is an official holiday so official working day ended 30 December. The date of filing corresponds to the date when the USCIS have deemed received your application so most probably USCIS received your application on the next working day which is on 3 January. Those dates were really very critical. It did also happen to my friend, her application for I-485 was returned together with the fee, although her I-140 was retained and for adjudication.
Discuss with your lawyer what could be a remedy for your case.
1. Ask your lawyer the possibility of H1-B visa. generally, RN does not qualify as an H1B position like in California because the state does not require a bachelors degree for licensing as RN. In some states like North Dakota, which requires a BSN degree for licensing as RN, RN will qualify as an H1B position.
If you have an advanced nursing practice, it may also qualify for a H1b position.
2. Another short cut being considered nowadays i heard is the PERM which is effective March 28, 2005 but it caters to unskilled and non-professionals like caregivers, laborers, domestic, etc.
So it is best to consult your lawyer regarding your case because they know better.
But dont despair because a lot of proposals to address this problem is now being considered like
1. Special legislations from US congress to exempt RN's from EB3 visa requirements due to shortage of healthcare service providers.
2. Regulations exempting alien RN's from strict requirements of H1B classification.
3. Eliminate the 7% limit per country because other countries do not meet their limit, esp sending nurses to the US.
4. Exempt foreign RN's from annual numerical worldwide limit due to increasing shortage of healthcare workers in the US.
5. And a lot more.
And if you have read the previous relevant posts (if not, go back and try to review all the posts), it has been said many times that USCIS policies comes and effects so quick.
Hope this helps.

Thank you for sharing.

Mine and your friend's case are the same. If your friend receives any news from USCIS, can you post it here?

PERM, H1 B are not for nurse. Hope those good news that benefit to nurses will effect soon not just in " discuss".

carvanaragon · Jan 31, 2005

e mail me at my address [email protected] if you want to know what happened to her case.

Thank you for sharing.
Mine and your friend's case are the same. If your friend receives any news from USCIS, can you post it here?
PERM, H1 B are not for nurse. Hope those good news that benefit to nurses will effect soon not just in " discuss".

carvanaragon · Jan 31, 2005

Normally, Immigration to US on Employment category is a 3 step process
Step1 : govt. verifies that No qualified americans are avaialble for the job (Labour certification)
Step 2 : Employer files a petition (I-140) to the govt saying that I am willing to hire this person
Step 3 : Applicant files for Adjustment of Status.
Among these 3, step 1 (labour certification) is the most complicated and time consuming process (Aprox. 3 years irrespective of Prioirtiy dates) PERM is desgined only to reduce the delay in labour certification.
We nurses (and PTs) are lucky because nurses dont need labour certification and can directly go to step 2. Since PERM is meant ONLY for Labour certification it is not going to help nurses at all. A qualified nurse using PERM ( how ?? ) is like someone who is already on the second floor going down to first floor and then going to third floor.

I read about PERM and i get your point. You are right and what you said are all true.

I am not pushing the issue i just want to clarify my point because there are other readers who might want to follow suit because i can see that my friend's lawyer's move does make sense.

My point is...

Due to the retrogression in the skilled and professional categories which took effect 1 Jan 2005, being sponsored as an unskilled worker can be another path to take. All individuals even those with advanced degrees are elligible to be sponsored for unskilled positions. While it is rather humbling experience to step down from Second to first floor, the dream of becoming a permanent resident of the US requires so much sacrifice. Since PERM is the quickest way to do so, they may wish to avail of it.