EB-3 to EB-2

Apr 13, 2007 03:02 AM

by rozmaril

Dear Suzanne and Lawrence!
I am the wife of the retrogressed nurse, with case approved in August, 2006, fees paid, under EB-3 category. Among many other problems our employer-sponsored lawer made in the last 2 years, I think, there was this one: they did not ask (and we did not volunteer the information) that my husband has M.Med Sc. degree (Master's not in nursing though). Plus 10 yeas of experience in nursing. Probably they could petition us under EB-2 category.
My question is as follows: according to your knowledge, is it possible and worthwhile to change now from EB-3 to EB-2? According to April visa bulletin, EB-2 is in current processing, while EB-3 is retrogressed. How is it done and do we risk anything by trying to switch from one category to another?
The lawyer does not give us any satisfying answers - just does not want to move his finger.
Thanks a lot.

*lawrence01* · Apr 13, 2007, 10:57 PM

Re: EB-3 to EB-2

You may want to consult another lawyer for a 2nd opinion but if you ask my opinion it's better to just stick to where you are right now. If retrogression is lifted, nurses will have a sub-category again that is current. Waiting for retrogression to be lifted for 6-12 mos. then having it current will always be worth while than being on another category.

Besides, the job offer must match what the applicant holds. So, your husband can only be petitioned by an employer that employs what his other degree is qualified for. If he wants to work as a nurse then he needs to be petitioned by a health care facility and use his nursing degree and that's under EB3 or Schedule A w/c is a sub-category of EB3.

Good luck.

*suzanne4* · Apr 15, 2007, 12:06 AM

Re: EB-3 to EB-2

Nurse's with MSNs or awards from their country can qualify for the EB-2 status and that is current. No need to wait.

Such as receiving top recognition in their country or special awards can also count towards this; it can work for some.

rozmaril · Apr 18, 2007, 01:46 AM

Re: EB-3 to EB-2

Hi, all!
I made some inquiries. To qualify for EB-2 category, you have to get a job offer requiring Master's gedree (in case you have Master's degree). In most cases RN position in the US does not require that. So, even if you might have Master's but you decide to work as a nurse in the US, you category is EB-3 and under retrogression now.

*lawrence01* · Apr 18, 2007, 05:39 AM

Re: EB-3 to EB-2

Originally Posted by rozmaril

Hi, all!
I made some inquiries. To qualify for EB-2 category, you have to get a job offer requiring Master's gedree (in case you have Master's degree). In most cases RN position in the US does not require that. So, even if you might have Master's but you decide to work as a nurse in the US, you category is EB-3 and under retrogression now.

That makes your decision easy, then. Really, no way but to stick it out w/ EB3.

*suzanne4* · Apr 18, 2007, 12:08 PM

Re: EB-3 to EB-2

There are quite a few different jobs in the US that require the Master's degree, just depends if one that you applied for requires one. Or a specific skill set that is truly needed.

rozmaril · Apr 19, 2007, 12:44 PM

Re: EB-3 to EB-2

The employer mentions something regarding "home care department" which might prefer Master's. What exactly is meant by this? Is it good or bad?
Also, the last visa bulletin says that EB-2 is in currect (C) processing. Does it mean it is not under retrogression? Just to make sure all my moves are not for nothing.
Thanks.

*suzanne4* · Apr 20, 2007, 11:06 AM

Re: EB-3 to EB-2

Originally Posted by rozmaril

The employer mentions something regarding "home care department" which might prefer Master's. What exactly is meant by this? Is it good or bad?
Also, the last visa bulletin says that EB-2 is in currect (C) processing. Does it mean it is not under retrogression? Just to make sure all my moves are not for nothing.
Thanks.

Home care does not require a Master's degree. So if that is where you are being place, the EB-2 will not work at all. Only if as an NP for that role. And that is not attainable out of the US as you need additional hours.

EB-2 is current and is not under retrogression. Meaning that there is no wait time.

embarq · Apr 21, 2007, 11:43 PM

Re: EB-3 to EB-2

Suzanne, does it mean MD with Master's can apply for GC? I wonder why they go through H1B if they can apply for GC.

*suzanne4* · Apr 22, 2007, 11:32 AM

Re: EB-3 to EB-2

Originally Posted by embarq

Suzanne, does it mean MD with Master's can apply for GC? I wonder why they go through H1B if they can apply for GC.

No, the Master's has to be in nursing. RNs are fast-tracked for the green card, physicians are not. And there are no H1-B visas for nurses.

Physicians need to go thru the routine channels. Most actually go thru the J-1 visa as they need more residency training in the US to be able to work and get a license in the US to work here. A physician from foreign countries cannot just come over the the US and work, they need to obtain a medical license in the US to work as a physician here.

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EB-3 to EB-2

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