Having an Employer = unaffected by Retro?

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Specializes in EENT, Radiology, Neuroscience.

I have a third cousin whose applying in Michigan and is urging me to do the same. We will be directly hired by her sister's friend who is a nrsing home owner. She told me that her sister informed her that once everything is done (tests, vsc etc.) we would have to wait for 1 1/2 years for our visa to be processed. She said that the nursing home already has reserved visas wand we wont be affected by the slow flow of visa release. I dont want to doubt her, but I just wanna make sure this commitment to the health facility is legal. Can anyone get around the retrogression? Is it possible for them to secure visas for their applicants??:nono:

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Specializes in Medical and general practice now LTC.
I have a third cousin whose applying in Michigan and is urging me to do the same. We will be directly hired by her sister's friend who is a nrsing home owner. She told me that her sister informed her that once everything is done (tests, vsc etc.) we would have to wait for 1 1/2 years for our visa to be processed. She said that the nursing home already has reserved visas wand we wont be affected by the slow flow of visa release. I dont want to doubt her, but I just wanna make sure this commitment to the health facility is not legal. Can anyone get around the retrogression? Is it possible for them to secure visas for their applicants??:nono:

There is nothing employers can do like you are being told. All visas are released according to PD and file completion. There is no real way to get round retrogression. without retrogression your file will probably be processed less than the timeframe mentioned but with retrogression you could be looking at anything longer than 2 years and all to do with place of birth

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What visa is the Nursing Home talking about? Is it H1C?

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Specializes in EENT, Radiology, Neuroscience.

nope. an immigrant visa

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The only thing that I think the Nursing Homes can reserve is Labour Certification for Care Givers. If they reserve LC for care givers (under EB3) with earlier PD (2002?), then I can believe them. Since under Oct. VB for Philippines EB3 is Oct. 2002, then if the LC is earlier than that, they can apply for EB3 in October.

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The only thing that I think the Nursing Homes can reserve is Labour Certification for Care Givers. If they reserve LC for care givers (under EB3) with earlier PD (2002?), then I can believe them. Since under Oct. VB for Philippines EB3 is Oct. 2002, then if the LC is earlier than that, they can apply for EB3 in October.

The date fo the labor certificate has no bearing on the PD date, they are something quite different. And the US government goes by the PD date. Even if they first submitted for the certification in 2001, that has no bearing on any visa as they go by when the initial petition is filed.

And the other thing where this nursing home is incorrect, is that it is not guaranteed that a nurse that passes the NCLEX exam is automatically going to get approved for a green card. There are no special visas for nurses that work in nursing homes, or anyplace else, they are under the same requirements as any that are applying for the EB-3 green card. And a more important issue is the country of birth of the nurse, the US only grants less than 10,000 green cards under the EB-3 for any one country, and there are many, many more than that that are already in the process of immigration.

Earliest that anyone is looking at that is just starting is a couple of years from now, and it is not guaranteed at all. The NH can make any promise that they want, but they have no say in how the US distributes green cards, and they are not in the front of the line by any means.

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