Colorado employer, Legal or not?

Masters do come under EB2 but a lot will depend on country of birth and whether they can find employment using their masters. Even some countries in EB2 are affected by retrogression

To use H1b you should be a specialist as that is the nature of the work visa. Most if not all new grads will not be specialists and not meet H1b criteria

After consulting with my immigration attorney, she said that the EB2 visa would ONLY be used for a masters degree nurse IF that nurse was being paid an extraordinary salary such as research specialist or hospital administration etc. Additionally, the numbers are lower and the cutoffs earlier for those applying under the EB2.

The use of the H1B for nursing is quite common because they hire a nurse who has had 2 to 5 years experience in let's say NICU - who also holds a minimum of a bachelor's degree. That qualifies them as a specialist under USCIS rules for a H1B. There are numerous regulations for the visa applications, unfortunately, that are confusing to most non-attorneys. The requirements are not as simple as what reads on the USCIS website, and additionally, each case is based on it's own merits and the processing agent for USCIS.

Foreign Healthcare Professionals Group is a recruiting firm in collaboration with Community Colleges and Universities in the US who offer intensive health care staff training and assimilation program. This unique educational program is a customized educational process, providing candidates with a concrete refresher course for LPNs and CNAs in Nursing Homes. This is on the job training for nursing staffs in Nursing Homes in the US.

Continuing Education for the Nursing Industry
Continuing education and training of Nurses who provide supervision of LPN's and CNA's in small communities and in rural area nursing homes. How to provide the best supervision for LPN's and CNA's in nursing homes to insure quality patient care. Practical on-the-job strategies and techniques will be used. Various topics are offered. Medical safety awareness, handling crises situations, decision making, problem solving

The role of the clinical nurse trainer involves advancing and enhancing the role of the LPN nurse or CNA in general practice. This is undertaken by assessing competence within the LPN and CNA nursing discipline in general practice, supporting staff, advising on employment issues, and identifying learning needs and ways of addressing them.

Examination

You should apply for a license by examination if:

• You have completed a state approved professional nursing or practical nursing educational program and do not hold a license in another state or U.S. territory.

• You were educated outside the U.S. or its territories, and are not licensed in another state or territory. However, you must first contact the Commission on Graduates of Foreign Nursing Schools (CGFNS) to request the credentials review titled Healthcare Profession and Science Course-by-Course Report

Actually the numbers of green cards issued each year vary due to the fact that unused visas from the employment categories go into the pool for green cards. Absolutely, the number of qualified individuals in the pool will affect the time frame, but you are not actually in the pool for a green card until you get labor authorization, so your time frames are incorrect. You have included the time to get a labor authorization in that time frame.
Your 485 application is NOT processed until you receive the labor authorization and then it is filed and will not start until the biometric phase is done. Your family members do not fall under the employment part of the pool, they fall under the dependent area, but their applications cannot be made until you receive your labor authorization.
http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4
You can find the information for this in the Immigration and Nationality Act, the direct link is above.

Additionally, the H1B visa is WIDELY used by facilities, as it is the only visa that would qualify a nurse with a BSN or higher degree from any other country besides Canada and Mexico which fall under the TN umbrella. There is a reason why the H1B quantities are used up so quickly each year. The numbers below reflect the caps and exemptions for April 1, 2009.

• Reg. Cap (65,000 regular cap cases minus the C/S cap cases received)
• C/S Cap (Chile/Singapore H-1B1s)
• U.S. Masters (20,000 cap exemption for beneficiaries with U.S. Masters or higher degrees)
• Exempt (for petitions filed by certain institutions of higher education; nonprofit organizations; and nonprofit research organizations or governmental research organizations, as defined in USCIS regulations)

The fast-track for green card allocation has not been in effect since 02/2007 when the number that was allotted by Congress ran out and was NOT renewed by Congress. It is expected that Congress will either a) create a new category for visas and fast track profile for green card application for nurses in the coming year or b) reallocate a number to the fast-tracked immigration program specifically for nurses. Currently, there are no changes on the floor for this but it being widely discussed.

They are also proposing to change the rules for immigration that spouses and children of TN applicants and for H1B would be able to work. This would be a simple rule change, not a law proposal....much the same as the rule change for TN visa length which was extended to 3 years from 1 year in 10/2008.

I wonder how easy it is to get a H1B visa with a Master in Nursing from the US compares with other type of Masters such as Science, Math and Technology? I have a friend who got his H1B easily with his Master in Food Science from NC State. I also read from previous posts that Master degree holders can apply for EB-2.

After consulting with my immigration attorney, she said that the EB2 visa would ONLY be used for a masters degree nurse IF that nurse was being paid an extraordinary salary such as research specialist or hospital administration etc. Additionally, the numbers are lower and the cutoffs earlier for those applying under the EB2.

The use of the H1B for nursing is quite common because they hire a nurse who has had 2 to 5 years experience in let's say NICU - who also holds a minimum of a bachelor's degree. That qualifies them as a specialist under USCIS rules for a H1B. There are numerous regulations for the visa applications, unfortunately, that are confusing to most non-attorneys. The requirements are not as simple as what reads on the USCIS website, and additionally, each case is based on it's own merits and the processing agent for USCIS.

The use of the H1B for nursing is quite common because they hire a nurse who has had 2 to 5 years experience in let's say NICU - who also holds a minimum of a bachelor's degree.

When I said this, I was actually arguing with a previous posting on the blog. A specialized OCCUPATION is all that is required. The H1B is used by hospitals and facilities for both experienced and non-experienced workers. All they HAVE TO SHOW is that the new hire conforms with this description - "A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations."



USCIS does not get into qualifying each individual application - they take it on the face of the application. If the employer qualifies the individual - they will get it (subject of course to the caps). Additionally - you can be qualified without the education portion, if you can prove that hold exceptionally specialized knowledge and hold an associates degree.