i came across this webpage foreignnurseseducation.com and became very much interested. i would like to ask if this is legal.
h-1b visa for nclex passers (including your spouse and children)
your salary and benefits:
[color=#993300]1. from $63,000.00 up to $72,000.00 per year.
2. all hours worked over 40 hours on a given week, you will be paid 1.5 times.
example, if you are making $20.00 per hour, you will receive $30.00 per hour for every hour worked in a given facility, after the 40th hour in a given facility in a given week (12:00 midnight on sunday to 12:00 midnight on saturday). so this means that the 41st hour and above will be paid at $30.00 per hour within that week.
[color=#339966]your cost will be $10,500.00, payable in advance.
1. free housing for 90 days. you may visit www.palominoparkresort.com for more information on your housing in colorado.
2. new car purchase within two months on a lease purchase for three years ( as soon as you start working and this will help build your credit to be able to buy a house within 12 to 24 months)
3. h-1b visa for three years and renewable for another three years.
4. all the attorney fees are paid by the employer.
5. all the uscis processing fees are paid by the employer.
6. you will be able to arrive in the us within 60 days from processing to finish. some of our h-1b applications have lasted for as little as 3 weeks.
7. you will receive $250.00 per month for personal expenses for two months or less, while you are waiting for your rn licensing in the us or endorsing to colorado bon. 8. you will be required to sign a 3 years contract renewable for another three years at your discretion. 9. while you are in this contract (within the 3 years), we will apply for your green card if the retrogression is lifted. then you will complete whatever period is remaining in the 3 years contract.
With retrogression in place, crooks and scoundrels have become more creative (and successful) in getting nurses to part with their hard-earned cash. Quite truthfully, this is in large part due to the willingness of the supposed victims to accept the lies being served to them, as long as they're what they want to hear. This forum is a great source of information. What can't be found here can be researched in the internet.
To those nurses who are aching to leave the country, please verify information from official government websites. Don't trust people who tell you they're well connected and can do something, while asking for your money upfront. If you're aware that what's being offered is a circumvention of the rules and you agree to participate, you have only yourself to blame when things go awry. And they will......
The green card lottery takes about 4 years, not 7. In addition, the DOL has pre-certified nursing - regardless of the area - for the H1B. Lastly, everyone who has recommended that you NEVER pay upfront employment fees is absolutely correct. This is illegal employment practices. My recommendation is to make a report to EVERY government and private entity like CGFNS, the state board of licensure, the DOL, and everyone else who will listen. The only way to stop these employers who practice like this is to complain loudly and constantly.
I was not speaking of the green card lottery, but the fact that it is going to be about 7 years for a chance for a green card for the US based on the number of those that are in line already from the Philippines for the chance at the green card as well as the 800,000 that were able to file the I-485 about 18 months ago and are still waiting for the green card. There are only 140,000 per year issued. Just do the math.
Sorry, but the H1-B is not used by most facilities at this time, and has not been since those that were applying for the green card were fast-tracked if they were nurses. I am quite aware of everything that is happening and the differences between the H1-B, and all of the other visas that are out there.
Big issue is that the H1-B visa requires that absolutely all expenses related to the visa be paid by the employer and not one red cent from the employee. And this is not what this employer is doing.
I was not speaking of the green card lottery, but the fact that it is going to be about 7 years for a chance for a green card for the US based on the number of those that are in line already from the Philippines for the chance at the green card as well as the 800,000 that were able to file the I-485 about 18 months ago and are still waiting for the green card. There are only 140,000 per year issued. Just do the math.
Sorry, but the H1-B is not used by most facilities at this time, and has not been since those that were applying for the green card were fast-tracked if they were nurses.
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.
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.
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.
You are correct. And actually, there are other visas, but it would depend on the circumstances (ie: a nurse making an investment into a new facility could get a business visa). But in the case quoted above - a nurse from the Phillipines - that visa category is the one they would fall under. There are other Treaty visas as well, but it would depend on the citizenship of the applicant.
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)
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.
Specializes in Medical and general practice now LTC.
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
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.
Specializes in Medical and general practice now LTC.
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.
Which what I said, EB2 you will need to find employers accepting qualification and H1b is a specialist so having more than 2 years experience in a certain area may make you a specialist the employer may want further things like specialist course in say NICU ( using that as you did) New grads will not meet H1b requirements so not really an option for them.
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.
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pilgrim
58 Posts
With retrogression in place, crooks and scoundrels have become more creative (and successful) in getting nurses to part with their hard-earned cash. Quite truthfully, this is in large part due to the willingness of the supposed victims to accept the lies being served to them, as long as they're what they want to hear. This forum is a great source of information. What can't be found here can be researched in the internet.
To those nurses who are aching to leave the country, please verify information from official government websites. Don't trust people who tell you they're well connected and can do something, while asking for your money upfront. If you're aware that what's being offered is a circumvention of the rules and you agree to participate, you have only yourself to blame when things go awry. And they will......