Petitioning nurses when there are no visas ????

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Specializes in Nephro, ICU, LTC and counting.

Some of my friends were approached by a skilled Nursing facility that claims to be petitioning foreign nurses even now. The facility DON even sent my friends an offer letter, wrote a letter to the USCIS, signed the I-140 for them and sent all the forms for the nurses to include the payment and send it back to the USCIS. The facility has their own lawyer, the nurses don't have to pay for the lawyer but they pay the USCIS fee (which is no less than $1200 for all the forms).

In one of the e-mail conversations they broadly say that the EAD will be issued within 60-90 days of filing, and no shift or location (the employer has multiple facilities within the state and outside) will be guaranteed until the nurse is eligible to work.

I understand that there are no visas, and filing I-140 at this time has no value. The nurses don't know under what category the nursing home will be filing their visas, the only thing they were told was I-140, and I-765. Since the nurses are going to pay for the USCIS fees, the petitioner is at no loss. Instead they will be holding the nurses with them for as long as the retrogression is in effect and even after, because I guess when you have one file open with USCIS, you can't have another similar petition at the same time.

This employer claims to have already got few nurses approved and working for them even during retrogression. But the e-mail conversations don't really promise anything, they write- "it is unlikely but possible to be denied the immigration visa." The nurses are so desperate that they still want to try their luck with this employer.

I just wanted to throw this question to you guys for more insight. Is it possible that this employer could hire these nurses at this time, and they could start working in a matter months?

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Specializes in med/surg.

No, they would be caught up in retrogression just like everyone else.

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They may be doing something illegal to get them a visa, but the fact is that what they are speaking of is what we did see in the past a few years ago when one could come here and adjust their visa and there were visas available.

Sorry, but there is no legal way for them to be here working in just a few months, it is not going to happen like that at all. They can petition all that they want, but if no visa, then the person cannot come here to work.

And there is no way that they can submit an application for the EAD at this time either as the US is not accepting the I-485 as well. And to try to do what they are saying, they had to be bringing in the nurse on another visa and then adjusting them. This is no longer a viable option for them at all.

Tell your friends to run from them and report them to immigration as well.

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Specializes in Nephro, ICU, LTC and counting.
They may be doing something illegal to get them a visa, but the fact is that what they are speaking of is what we did see in the past a few years ago when one could come here and adjust their visa and there were visas available.

Sorry, but there is no legal way for them to be here working in just a few months, it is not going to happen like that at all. They can petition all that they want, but if no visa, then the person cannot come here to work.

And there is no way that they can submit an application for the EAD at this time either as the US is not accepting the I-485 as well. And to try to do what they are saying, they had to be bringing in the nurse on another visa and then adjusting them. This is no longer a viable option for them at all.

Tell your friends to run from them and report them to immigration as well.

Thanks Suzanne,

All of the nurses that I mentioned are already in the US, but on dependent visas which don't give them work authorization. If the visas were available, the I-765 and I-485 would make sense. But since there are no visas, I don't know how the employer is insisting the nurses to file all those forms with the USCIS.

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Other than the I-140, nothing else will be accepted at this time by the US government. Does not matter what the facility is telling them, but they are not going to be accepted and have not been accepted since the open window last summer.

And this facility has no idea of what they are speaking of since there are no visas and the US is under a retrogression at this time.

Just is not going to happen, suggest that you have your friends read here about the retrogression and you have the letter that was sent to them sent on to immigration as well.

This facility is up to no good. And shame on them for making a promise that is not even theirs to make, they do not issue visas or the EAD.

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