ASAP: Please, help. I am stuck with the EAD

  1. Dear Fellas,
    I would really appreciate if somebody could help me clarify the process of getting the EAD.
    I am a RN (just got my licence) on the legal status in the USA which, however, doesn't allow me to work. I have found an employer who is willing to sponsor me, but has never done this before, and doesn't have any idea how to do it. My future employer wants me to start working ASAP, and I really need to know what is involved in getting the EAD, and how much time I have to wait before beginning to work. I am afraid of losing the job if it takes too long. It is my understanding that I can't work until I have the EAD in my on hand.

    Please, share you experience how it really work from the point when you have found your employer. You had to wait for the EAD. Right? And your employer agreed to wait with you?

    I am not talking here about other documentation to get the Green Card because from the moment when I can legally work, time wouldn't be a problem for me. However, I would be grateful if you can briefly mention about my next steps, and, especially, about obstacles I have to anticipate. The most common obstacle I have encountered since I started my jobhunting is that there are only few companies that want to sponsor international nurses. I am greatly frustrated, and that is why I consent to work for the the company that doesn't know anything about it, but just is willing to help so far.

    I am thanking in anticipation of your reply. I wish you all the best success.
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  2. 13 Comments

  3. by   NYrnTX
    Many Hosptitals do not want to take the burden of dealing with immigation and thats the main reason they prefer bringing Intl. nurse through agencies. One of the reasons, why hospitals stay away from it is, if they do, they have to disclose their (financial) details to an attorney.

    But since you have already found a hospital to 'officially' sponsor you, you are half done! I used 'Officially' because they may be your 'sponsor' in papers but you may have to bear all the expenses, find a good attorney (with whom even the hospital is OK) and have to do all the paperwork. I would suggest you to talk to an experienced attorney, who has some experince in THIS field.

    Yes, you need to have EAD on your hand to start working. Once you file your petition, it would take around 60 days to get your EAD and this depends on your service center. TX,VT are much faster while CA is pretty slow (90 days). As a matter of fact, you need EAD and SSN too. Once you have EAD, SSN is 'ussualy' a matter of one week.

    If your hospital wants you, then they must have to wait because there is no short cut there. Also, for hospitals, it is illegal to employ someone without proper work authorization from USCIS. Since RN shortage is rising steaply, I don't think they will act crazy provided you can explain them the normal procedure and the time it 'ussualy' takes.

    Also, as you have stated clearly, you do not need your Visa screen to apply for I140/I485/EAD. VisaScreen is only required when they look at (start adjudication process) your case. But, it may be a good idea to start the process RIGHT NOW, because you are dealing with a monopoly (CGFNS) there.
    Quote from Enigma
    Dear Fellas,
    I would really appreciate if somebody could help me clarify the process of getting the EAD.
    I am a RN (just got my licence) on the legal status in the USA which, however, doesn't allow me to work. I have found an employer who is willing to sponsor me, but has never done this before, and doesn't have any idea how to do it. My future employer wants me to start working ASAP, and I really need to know what is involved in getting the EAD, and how much time I have to wait before beginning to work. I am afraid of losing the job if it takes too long. It is my understanding that I can't work until I have the EAD in my on hand.

    Please, share you experience how it really work from the point when you have found your employer. You had to wait for the EAD. Right? And your employer agreed to wait with you?

    I am not talking here about other documentation to get the Green Card because from the moment when I can legally work, time wouldn't be a problem for me. However, I would be grateful if you can briefly mention about my next steps, and, especially, about obstacles I have to anticipate. The most common obstacle I have encountered since I started my jobhunting is that there are only few companies that want to sponsor international nurses. I am greatly frustrated, and that is why I consent to work for the the company that doesn't know anything about it, but just is willing to help so far.

    I am thanking in anticipation of your reply. I wish you all the best success.
  4. by   Enigma
    Dear NYrnTX,
    I thank you very much for your answer.

    I am so frustrated with the reply "We don't hire international nurses" that I am willing to bear all the expenses myself if this is the real problem for them. Would it, in your opinion, somewhat accelerate the process? I didnt't mention this to my potential employer but I will if the circumstances force me.
    I understand that if my hospital wants me, then they must have to wait. But does in work in practice?

    And I want to express again my appreciation of you kind reply.
  5. by   suzanne4
    Biggest thing is that you don't say where the employer is located, and a lot depends on this............if the East Coast, then I would make sure that you have the Visa Screen Certificate in hand because of the speed in which things are processed. If they get to your application, and you do not have the Certificate, you will wait again.

    I still recommend that everyone have the VCS before filing for the EAD. I have seen a few have major problems by not having it done in time. Best suggestion that I can offer to anyone is to apply for this as soon as you start any of your other applications. Please allow four months from completing the exam requirements to have this CErtificate in hand. If under Vermont, do the math, your number will come up before the four months is completed................
    Last edit by suzanne4 on Mar 30, '05
  6. by   NYrnTX
    OK, first of all, I forgot to ask you the BIG question..
    Which country are you born ? If it is one of the so called PIC (Phili,India,China) countries, then, unfortunately, you can not do much now. Right now, USCIS is not accepting application (I485) from Nurses (EB3) that are born in these countries since their quota is fully used up. EAD can be applied only after (along with) applying for 485.
    To answer your question,
    Money (Expenses) may not be the big issue for Hospitals. Most of them are million dollar organaizations, and +/- 5K may not be a big deal for them. The main thing is whether hospitals want to take the burden of dealing with immigration. This is more important if they have not done it before because there may not be any in-house employee (HR/Admin) who knows anything about the immigration process..


    Quote from Enigma
    Dear NYrnTX,
    I thank you very much for your answer.

    I am so frustrated with the reply "We don't hire international nurses" that I am willing to bear all the expenses myself if this is the real problem for them. Would it, in your opinion, somewhat accelerate the process? I didnt't mention this to my potential employer but I will if the circumstances force me.
    I understand that if my hospital wants me, then they must have to wait. But does in work in practice?

    And I want to express again my appreciation of you kind reply.
    Last edit by NYrnTX on Mar 31, '05
  7. by   Enigma
    Dear Suzanne and NYrnTX, I do appreciate your participation.

    First of all, thank God, I am not from Philippines,India,China. If I were, I would have given up everything, because even now, when I have my RN licence in hand I can see an abysmal sea of obstacles before me.
    I am from a small european country, and now I am in Texas. I do not have Visa Screen, although I have applied for it, but haven't taken TSE yet. I guess that I do not need to have Visa Screen Cerification on my hand to start working. As I see it, I must submit Visa Screen Cerification after I-140 approval for the Form I-485. Do you suppose that I could be refused in employment because I am without VCS? Is it possible, in your opinion, to negotiate with a potential employer and explain that I will get it as soon as possible, and it is not actually necessary just to apply for I140/I485/EAD?

    Another question is if I actually will have a contract with an employer that will sponsor me and bear all the expenses, for how many years, on average, I must work for this employer?
    Will this number of years change if I pay myself?
    And how much Permanent Residence is going to cost me in that case (I have no idea)?

    I am thanking in anticipation of your reply. All good wishes.
  8. by   suzanne4
    Many facilities will not hire without the TSE or proof of your English speaking skills. In many states, you will belearning Spanish rather quickly, and you definitely need a strong English background for that.

    Contract is usually for two years..............but remember that most training programs for new grads require you to sign a two year contract for all of the training that the hospital will do for you. And this is for American-trained nurses. Of course, dependent on specialty.

    Cost is somewhere in the neighborhood of $5000 and that is just for you.
  9. by   madwife2002
    Quote from suzanne4
    Many facilities will not hire without the TSE or proof of your English speaking skills. In many states, you will belearning Spanish rather quickly, and you definitely need a strong English background for that.

    Contract is usually for two years..............but remember that most training programs for new grads require you to sign a two year contract for all of the training that the hospital will do for you. And this is for American-trained nurses. Of course, dependent on specialty.

    Cost is somewhere in the neighborhood of $5000 and that is just for you.
    You say it costs $5000 to do whole process, so by my reckoning if you dont have that kind of money the best way to do it is via an agency when your costs are greatly reduced?
    Kay x
  10. by   suzanne4
    That is the only reason to use an agency in my opinion. The agencies will pay for the exams, as well as immigration fees...........but rmember that they do not work for free. The money has to come from somewhere.

    That is why that in many cases, it takes longer with an agency, since they are footing the bill, they go very slowly, one step at a time to get your things done. I know of only a coupe of agencies that do things properly and in a timely fashion. Most do not.
  11. by   suzanne4
    Quote from madwife2002
    You say it costs $5000 to do whole process, so by my reckoning if you dont have that kind of money the best way to do it is via an agency when your costs are greatly reduced?
    Kay x


    The fee can actually be higher, remember that this includes all immigration fees, as well as the attorney fees. Depends on where you are going to be working, etc.
  12. by   Faby
    Quote from suzanne4
    Many facilities will not hire without the TSE or proof of your English speaking skills. In many states, you will belearning Spanish rather quickly, and you definitely need a strong English background for that.

    Contract is usually for two years..............but remember that most training programs for new grads require you to sign a two year contract for all of the training that the hospital will do for you. And this is for American-trained nurses. Of course, dependent on specialty.

    Cost is somewhere in the neighborhood of $5000 and that is just for you.
    Hi Ssuzanne: Sorry, but I would like to know what does EAD stand for exactly? Thank you.
  13. by   suzanne4
    Quote from Faby
    Hi Ssuzanne: Sorry, but I would like to know what does EAD stand for exactly? Thank you.
    EAD = Employment Authorization Document

    Hope that this helps..................
  14. by   Enigma
    Can anyone please answer a technical question about EAD application: does one apply for EAD separately (form I-765) before applying for I-140, or is it a part of I-140 petition? Or maybe, I-485? I don't quite understand this moment. And if you apply separately, what category on the application form should be selected if one is a RN who hasn't filed I-140/485? Thank you so much.

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