H1-B Visa Available for Nurses?

lawrence01 · Dec 15, 2007

Please try reading the thread located on this link: https://allnurses.com/forums/2433654-post61.html

Even some immigration lawyers do not want to be part of it. Read the thread above and you'll learn why and why the H1B visa for nurses keeps on persisting and how it is now VERY hard to be selected (presuming a nurse truly qualifies, w/c most often times do not) as explained on the thread located on the link above

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suzanne4, RN · Dec 15, 2007

They can say all that they want, but the US government is not going to approve them.

Open window for submitting the petition is only twice a year for a few hours and then for six months later, so earliest would be for next October. And there are strict requirements with those.

The other thing that you have to think about is that the unions do not want temporary workers, and they will not use agencies that have hired them, so it is a no win situation.

And as being under the H1-B if it were available is very bad news for nurses as the company is not required to pay the same salary that they pay to Americans. Very bad news all around.

suzanne4, RN · Dec 15, 2007

Agencies are hurting and you are going to see all types of unethical things come up, but you are the one that stands to lost the most.

dranreb · Dec 18, 2007

Hi,

Is it possible to do both application for H1-b and I-140, and just wait what will be approved faster? Iam a Philippine Registered Nurse,Passed Nclex and Ielts and in the process of applying for Visa Screen Certificate. I can look for employers here in California for employment petitions because at present I'm here in California using visitors visa.I understand though that there's no chance of AOS and I plan to do consular processing by the time I will return to the Philippines.

Silverdragon102, BSN · Dec 18, 2007

Hi,
Is it possible to do both application for H1-b and I-140, and just wait what will be approved faster? Iam a Philippine Registered Nurse,Passed Nclex and Ielts and in the process of applying for Visa Screen Certificate. I can look for employers here in California for employment petitions because at present I'm here in California using visitors visa.I understand though that there's no chance of AOS and I plan to do consular processing by the time I will return to the Philippines.

The demand for H1b is very high from a few professions ie IT not just nurses and for H1b you need to fit the criteria (listed below) most visas are gone literally in a couple of hours and no guarantee that you will get one. Also as a RN you do not meet criteria. Please take the time to read on the forum about this and also the reasons why we don't recommend it and also that for bedside nurses it is not used. If you file I140 it is done in April and won't start work until October and like I said no longer a guarantee.

May be difficult to understand but the best option is to look at either work in the Philippines or another country as you are pretty much at the start of the journey and currently looking at over 5 years before you get anywhere near a visa and due to the high demand from the Philippines no guarantee that you will get one.

The H1B visa is designed to be used for staff in "speciality occupations", that is those occupations which require a high degree of specialized knowledge. Generally at least the equivalent of a job-relevant 4-year US Bachelor's degree is required (this requirement can usually be met by having a 3-year degree and 3 years' relevant post-graduate experience)

http://www.workpermit.com/us/us_h1b.htm

dranreb · Dec 19, 2007

Thanks for the informations.Thye're very helpful,but I just wandered if both H-1B (temporary visa) and I-140 (for green card) petitions will be filed at the same time? And also if Physical Therapies can easily go for H-1B, why does nurses cannot qualify? Thank you.

lawrence01 · Dec 19, 2007

Thanks for the informations.Thye're very helpful,but I just wandered if both H-1B (temporary visa) and I-140 (for green card) petitions will be filed at the same time? And also if Physical Therapies can easily go for H-1B, why does nurses cannot qualify? Thank you.

Please try and use the link I have already posted in the beginning of the thread. It goes to a thread where it was already previously discussed in detail as to why nurses in general do not qualify for H1B. There is no reason for people to keep repeating themselves and answer the same questions, every time someone asks for it when it was already answered.

suzanne4, RN · Dec 19, 2007

To make it easier for you to understand what we are trying to tell you:

Applications for the H1-B are only accepted two times per year, it is not an open door window for those. And the next open window is not until April for a start date of next October.

And add into that the fact that most hospitals in CA are unionized and they do not permit any temporary workers there as nurses. And any job in a hospital must have approval of the union before the government will approve the job.

You also must have a completed VSC in hand before you can even apply for the H1-B visa. And add into it the fact that nurses have not been under the H1-B for more than 3 1/2 years. You are going to need to go home and apply thru CP just like the others and expect to wait for a few years for a chance at a visa. There are no shortcuts and you knew about the retrogression before you came to the US since it has been in place for more than a year.

Physical Therapists also have a Master's degree as entry requirement now in the US, and it is a different job classification than the nurse.

Anen1119 · Dec 19, 2007

You also must have a completed VSC in hand before you can even apply for the H1-B visa. And add into it the fact that nurses have not been under the H1-B for more than 3 1/2 years. You are going to need to go home and apply thru CP just like the others and expect to wait for a few years for a chance at a visa. There are no shortcuts and you knew about the retrogression before you came to the US since it has been in place for more than a year.

If the USCIS is really strict in implementing their rules on having a VSC in hand before one can apply for even a non-immigrant visa such as H1-B, then why has somebody from the Phils who went to the US on a tourist visa able to apply for I-140 & I-485 last july 2007 without his VSC and was granted Advanced parole to be able to retake nursing exams in the Phils in dec to qualify for a VSC.

Even if the documents will be pass thru a fine-tooth comb when visas are available, it will be moot and academic since that guy can produce the required VSC by then.

So, even if filipino nurses are very much aware of the retrogression, many who have passed NCLEX & IELTS still do travel to the US on a tourist visa to be able to get ahead of evryone because they know that those who went to the US were able to work because for them passing NCLEX is a guarantee.

lawrence01 · Dec 19, 2007

You also must have a completed VSC in hand before you can even apply for the H1-B visa. And add into it the fact that nurses have not been under the H1-B for more than 3 1/2 years. You are going to need to go home and apply thru CP just like the others and expect to wait for a few years for a chance at a visa. There are no shortcuts and you knew about the retrogression before you came to the US since it has been in place for more than a year.
If the USCIS is really strict in implementing their rules on having a VSC in hand before one can apply for even a non-immigrant visa such as H1-B, then why has somebody from the Phils who went to the US on a tourist visa able to apply for I-140 & I-485 last july 2007 without his VSC and was granted Advanced parole to be able to retake nursing exams in the Phils in dec to qualify for a VSC.
Even if the documents will be pass thru a fine-tooth comb when visas are available, it will be moot and academic since that guy can produce the required VSC by then.
So, even if filipino nurses are very much aware of the retrogression, many who have passed NCLEX & IELTS still do travel to the US on a tourist visa to be able to get ahead of evryone because they know that those who went to the US were able to work because for them passing NCLEX is a guarantee.

And there is no guarantee that someone on Advance Parole will be allowed to enter the US again in the port of entry. Never has. Your friend has already made himself a disservice by being on AP. And how about passing the local boards? Is he sure he passed it? He won't know until about the 2nd half of Feb. or so as it usually takes at least 2 months for the results to be known.

And the H1B that Suzanne is talking about is a working visa and is totally different from AOS from tourist to GC. It has strict requirements. Same with the H1C. Everything must be on hand from the start.

Plus, cases filed in July and August for AOS have not even been processed and reviewed yet. USCIS has not even finished giving out notice of receipts to everyone that has filed on those months, up to now. They are just finalizing those cases that were filed but they have not even reviewed them yet. Ave. wait time for Texas SC is 6 mos while those under Nebraska are 12 months on ave. USCIS saying they received the files does not mean they have reviewed it, other wise everything that has ever been filed are automatically approved but it is obviously not the case. When the time comes that your friend's case will be reviewed (anywhere from 6 mos to 12 mos. or so from the time it was filed) that is only when USCIS will decide on what to do with it. USCIS, likewise has said that those cases that are incompletely filed on July and Aug. for AOS to GC (not H1B) will be rejected and presuming they do not, then your friend will be receiving a Request for Further Evidence (RFE) for the missing document and has to produce it within a certain time-frame but he or she hasn't even passed the boards yet and no guarantee she or he did.

Also, does your friend even know for a fact that her employer has posted the mandatory job postings and included that on the files? We have received some reports now that some Attorneys did not even include the job postings as there were no time to do job postings anymore since everyone wanted to file the I-140 before Aug.1 and the I-485 before Aug. 15 regardless if they were doing it the right way. Those cases will certainly be rejected from the start as soon as it has been reviewed it. No need for RFE on those as it wasn't even valid from the start and USCIS even said that such incomplete cases will simply be rejected once they have reviewed it.

And how about the 60/90 day guide rule? Most who filed in July and Aug. only went to the US on the last week of June through the 1st week of July as soon as they have read the July VB in mid June. Many people has noticed this surge. It is pretty obvious and therefore easy to pinpoint who went and take advantage of it, esp. those coming fro just the tourist visa. Quite easy. So, even after your friend has pass through the requirements, his or her case may still be denied for dual-intent reasons in the end once the I-485 has been reviewed. Even some people who did AOS before retrogression started in Nov. 2006 were denied and even after 4 mos. touring the US (someone reported it here). Many thought that that particular person's case has low probability of being denied for dual-intent as she even went above the 60/90 day guide rule but nonetheless was still denied as it may have been too obvious for the adjudicator of her case not to spot it and label it as dual-intent.

Also, many people do read our forums. Any one from employers, immigration lawyers, fed and immigration officials, and members of nursing unions, and certain State Boards of nursing as well. They know what is happening. Believe me on this. And people keep feeding them the information by posting it here.

And the internet is not totally anonymous as one might think. People get traced in the internet. Even chat rooms can be monitored and it's contents analyzed. Same with e-mails. Contents on chat rooms do not disappear or vanish into thin air like many people presume it to be but are stored some place else. Same with deleted e-mails. Deleted e-mails are actually stored for months on servers for back-tracking.

And one more thing.. there is no guarantee as well that someone who has been working and living in the US for so and so years is totally off the hook as evidenced by the recent news about Filipinos being deported from cases that were discovered from years ago. They are being deported as we speak and their children about to be graduating from H.S. or in Colleges and Universities but are being deported together with their parents and the parents only being deported is actually even worst as families will be separated.

lawrence01 · Dec 20, 2007

So, even if Filipino nurses are very much aware of the retrogression, many who have passed NCLEX & IELTS still do travel to the US on a tourist visa to be able to get ahead of everyone because they know that those who went to the US were able to work because for them passing NCLEX is a guarantee

Yes, some still do travel to the US up to now but even if they go now there is nothing that can be done anymore. And some foolishly still believe that they can. AOS is not anymore allowed, so does not matter if they are able to find an employer "willing" to do it. It simply cannot be done anymore. The visa category needs to be "C" or Current for AOS and EAD to be allowed to be filed, that is why so many people went to the US in July and August because that will be the clear last time that it may be allowed again. And majority of them did it haphazardly, maybe out of desperation since they know that it may be a long time that another window of opportunity like this can happen again. Unfortunately, some are now realizing that their lawyers did not even included job postings w/c is a basic requirement upon filing. Majority will only learn of the mistakes later on when their files are finally reviewed. Imagine waiting for 6 mos, 1 year, 2 years then finding out later on that not even the I-140 can be approved for various reasons. All the while on a false sense of security (on EAD) that everything is OK. Then there is also the dual-intent suspicion. And there is always that possibility that years from now, their cases may be discovered or re-opened as is what is happening now from immigrants that had discrepancies on their files years ago and only now discovered.

Then again, that is their risk to take but most often times when things finally get caught up on them and are being deported they won't budge and would rather be out of status than go home and maybe rally their hometown to support them and not let them be deported and this what many people do not like. You want to take short cuts and go ahead but when caught would not take responsibility for their actions. This is what "anti-immigrants" are more concern about, most of them aren't really "anti-immigrant" per se. They welcome immigrants as long as it was done legally and not done through loop holes and short cuts then when they are caught and being deported, they won't go home. Breaking the law already upon entering illegally and then total defiance to it when being asked to leave. That is why they are very angry. And who wouldn't? Imagine going to their home country illegally or through loop holes then when caught would not want to be deported.