H1B

Silverdragon102, BSN · Apr 12, 2009

H1b is a specialist visa, as a non profit hospital I don't think they are exempt from caps so next filing is April 10 for start Oct 10 if you get one and if OPT is over you can't stay and work whilst waiting for visa

EB2 I do not think BSN will meet criteria

-L-E- · Apr 12, 2009

I understand that I can't overstay. I will go back to school to keep status current on F1 while waiting for H1B approval. My question was will I qualify for H1B or EB2?

Silverdragon102, BSN · Apr 12, 2009

As I mentioned I doubt EB2 will meet category with a BSN as many nurses qualify as BSN and they are all placed in EB3. I think for EB2 you are looking at higher than a baccalaureate degree or a baccalaureate degree with several years experience therefore as a new grad you shouldn't meet requirements. Also as I said H1b is a specialised visa so again generally a new grad doesn't meet requirements.

We just can not predict whether you will be accepted or not for either visa and things may change by the time you have completed your training. Better to speak to a immigration lawyer who specialises in nurses and they should be able to tell you how things lie.

-L-E- · Apr 12, 2009

Thank you for your reply and your time :)

I am just trying to find more information and figure out the plan for myself. I am planning to work in a very good hospital. Patients from all over the world come here for cardiac surgeries, for VAD to heart translpant bridge programms. The nurses on this floor are constantly learning, they have to get their VAD certifications, ACLS etc. By the time I plan to apply for H1B I will have 2 years of experience on this floor. What is the minimum years of experience needed to be classified as a specialist? Also the BSN (I will do RN to BSN) programm will end in August. My BSN OPT will also end in August-September. You mentioned if I apply for H1b in April I will have to start working in October. The gap in my case will be only 1-2 months. Is that still a problem or I will have to maintain some status for those 1-2 months?

I am planning to call the lawyer after I have my interview with the manager on the floor next week and ask all the details about H1B. I will gladly share the information with everyone :)

Ginger's Mom, MSN, RN · Apr 12, 2009

Since you will be working at a work class hospital you will see all the nurse specialists are MSN or higher.

Certain types of RNs may meet these requisite qualifications for the H1B visa. The first category of nurses who generally will be approved is the certified advanced practice registered nurse (APRN) category.

clinical nurse specialists (CNSs)

certified registered nurse anesthetist (CRNAs)

certified nurse-midwives (CNMs)

certified nurse practitioners (NPs) fall within this category.

If an APRN position requires the employee to be certified in that practice, the nurse must possess an RN, at least a Bachelor of Science in Nursing, and some additional, graduate-level education. CNSs include Acute Care, Adult, Critical Care, Gerontological, Family, Hospice, Palliative Care, Neonatal, Pediatric, Psychiatric and Mental Health-Adult, Psychiatric and Mental Health-Child, and Women's Health nurses. NPs include Acute Care, Adult, Family, Gerontological, Pediatric, Psychiatric & Mental Health, Neonatal, and Women's Health nurses.

2) The second category of nurses who may qualify for the H1B are those in administrative positions requiring graduate degrees in fields such as nursing or health administration.

3) A final, more subjective group that may receive H1B approval includes those who have a nursing specialty such as critical care and peri-operative nurses, or who have passed examinations based on clinical experience in school health, occupational health, rehabilitation nursing, emergency room nursing, critical care, operating room, oncology, and pediatrics, but who are not APRNs. In these cases, the petitioner must show that the nature of the particular position is so specialized and complex that one would normally expect the person performing the duties to have attained a bachelor's (or higher) degree, or its equivalent.

I am assuming that you are planning to go for #3 which requires certification, most certifications require 2 years of full time work which you will not be allowed to do with a student visa.

Silverdragon102, BSN · Apr 12, 2009

Thank you for your reply and your time :)
I am just trying to find more information and figure out the plan for myself. I am planning to work in a very good hospital. Patients from all over the world come here for cardiac surgeries, for VAD to heart translpant bridge programms. The nurses on this floor are constantly learning, they have to get their VAD certifications, ACLS etc. By the time I plan to apply for H1B I will have 2 years of experience on this floor. What is the minimum years of experience needed to be classified as a specialist? Also the BSN (I will do RN to BSN) programm will end in August. My BSN OPT will also end in August-September. You mentioned if I apply for H1b in April I will have to start working in October. The gap in my case will be only 1-2 months. Is that still a problem or I will have to maintain some status for those 1-2 months?
I am planning to call the lawyer after I have my interview with the manager on the floor next week and ask all the details about H1B. I will gladly share the information with everyone :)

Even for a couple of months you have to maintain legal status just applying for H1b doesn't give permission to wait.

yoginurse2b · Apr 13, 2009

You need to find a hospital that is willing to petition you for H1b after your BSN. At the meantime, I would find a lawyer to file for I-140 although the retrogression is still an on-going thing. If worse comes to worst, you could not get sponsored for H1b after your OPT for BSN ends, go for MSN. That way, your chances of getting H1b will be greater.

-L-E- · Apr 13, 2009

Thank you everyone for your response. I think in my case this will be #3 critical care. I will get 2 years of experience. One year of OPT experience after my associates degree and then one year of OPT after my bachelor degree. I also used my 11 months of CPT in this hospital doing my internship as a student nurse. I will try very hard to get into cardiac ICU after my BSN which will make me a better specialist in this field. Many of us are in this terrible situation with the retrogression. We got this far and we don't have to give up.

The lawyer will file I-140 for me but honestly, I don't believe that just counting on EB3 is a good idea at this time when even US nurses cannot find a job.

Thank you again for your responses :)

redranger · Apr 13, 2009

Better to speak to a immigration lawyer who specialises in nurses and they should be able to tell you how things lie.

Why is better to speak to Immigration lawyer.

Isn't all the info. one needs to know regarding Visa's on the USCIS website?

What or how can a Lawyer help one.

I know they cost lots of money, and I know they can't help speed up your processing time.

For K1/K3 Visa's it is better not to use a Lawyer cuz they will slow down the process sometimes, and basically it's just a bunch of paperwork to fill out.

Silverdragon102, BSN · Apr 13, 2009

Why is better to speak to Immigration lawyer.
Isn't all the info. one needs to know regarding Visa's on the USCIS website?
What or how can a Lawyer help one.
I know they cost lots of money, and I know they can't help speed up your processing time.
For K1/K3 Visa's it is better not to use a Lawyer cuz they will slow down the process sometimes, and basically it's just a bunch of paperwork to fill out.

The OP is asking something that can not be answered properly, even the USCIS website an be a minefield. There is nothing wrong with getting advice from someone who specialises in the area as they will be able to give a good idea on whether a application will be successful.

I have known a few people file K1/3 themselves and have lots of problems, not always given hat things will move smoothly and sometimes it doesn't hurt to ask for help

-L-E- · Apr 13, 2009

You will need an employer to sponsor you for an H1B. You don't pay a cent. These companies usually have lawyers to do all the paperwork. I think H1b is more difficult and more complex process than K1/K3. These are two different stories. But you are right that we need to know all the info and due dates as well from reliable resources. I know some stories when the lawyers screwed up with the process.

Here's what I found on the USCIS website regarding H1b:

To qualify as a specialty occupation, the position must meet one of the following requirements: (1)

a bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position;

(2) the degree requirement is common to the industry or, in the alternative, the position is so complex or

unique that it can be performed only by an individual with a degree; (3) the employer normally requires a

degree or its equivalent for the position; or (4) the nature of the specific duties is so specialized and

complex that the knowledge required to perform the duties is usually associated with attainment of a

bachelor’s or higher degree. See 8 C.F.R. 214.2(h)(4)(iii)(A). In order to perform services in a specialty

occupation, an alien must meet one of the following criteria: (1) hold a United States baccalaureate or

higher degree as required by the specialty occupation from an accredited college or university; (2) possess

a foreign degree determined to be equivalent to a United States baccalaureate or higher degree as required

by the specialty occupation from an accredited college or university; (3) have any required license or other

official permission to practice the occupation (for example, architect, surveyor, physical therapist) in the

state in which employment is sought; or (4) have, as determined by USCIS, the equivalent of the degree

required by the specialty occupation acquired through a combination of education, training, and/or

experience.

Here is another link from USCIS: http://www.uscis.gov/files/pressrelease/NurseMemo_112702.pdf