Published Apr 9, 2006
lawrence01
2,860 Posts
Many are still confused about this. I am not an expert or have any legal backgrounds but the explanations provided by USCIS are quite clear. CGFNS or NCLEX is required to file for i-140. VisaScreen certification (per USCIS req't) is needed to be presented to the consul (I think) if going thru CP. Prob. the same for AOS. VSC is not needed to initially file for the i-140 but CGFNS or NCLEX only but it has to be presented in the last stages. Don't know exactly when. I'm sure someone knows and will post it in this thread.
http://uscis.gov/graphics/lawsregs/handbook/afm_ch22_021406.pdf
suzanne4, RN
26,410 Posts
This is not new, it is like this and has been like this.
You only need proof the passing either the CGFNS exam or the NCLEX-RN to have the petititon process started, whether for consular processing or for the AOS. The VSC has never been an immediate requirement. It is best to get it done as quickly as possible. Some visas have been held up when the nurse did not have this Certificate, or at least proof of passing the English exams.
There are agencies in the Philippines that state that you need to take the CGFNS exam, NCLEX-RN, and have a Visa Screen Certificate in hand for them to do anything. Then you have other agencies that are having the nurse only complete the CGFNS exam, and get the Visa Screen Certificate, and they bring the nurse to the US. Only for the nurse to find out that the agency never submitted their application for licensure to the state before they even arrived.
This is not new, it is like this and has been like this.You only need proof the passing either the CGFNS exam or the NCLEX-RN to have the petititon process started, whether for consular processing or for the AOS. The VSC has never been an immediate requirement. It is best to get it done as quickly as possible. Some visas have been held up when the nurse did not have this Certificate, or at least proof of passing the English exams.There are agencies in the Philippines that state that you need to take the CGFNS exam, NCLEX-RN, and have a Visa Screen Certificate in hand for them to do anything. Then you have other agencies that are having the nurse only complete the CGFNS exam, and get the Visa Screen Certificate, and they bring the nurse to the US. Only for the nurse to find out that the agency never submitted their application for licensure to the state before they even arrived.
Yes you're correct about that Suzanne. I also thought that this was very well understood by all Filipino nurses wanting to go to the US but apparently there are still some confusion. Confusion brought about by wrong info. from some agencies just like you said. Many are still confused and apparently did not fully understand the requirements for filing of the i-140 as evidenced by recent posts in another forum. I know you must have read already the recent posts re: this issue from that forum.
Supposedly there shouldn't be an issue in the first place as I think this should have been the very first info. that a nurse should have researched before starting the process but apparently based on those posts on that forum it wasn't and some nurses rely too much on info. being given to them by their agencies.
I think the root of all this problems is that SOME Fil. nurses wanting to go to the US go and find an agency first above everything else and let them do all the procedures and parer works, etc.. and not do at least some research first for themselves. Then when something goes wrong they blame everything on the agency but some blame should be on them too by relying too much on this agencies to spoon-feed them.
All of the above are just my opinions.
jonRNMD
320 Posts
for AOS procedures, a Visa Screen Certificate is not an initial requirement for both I-140 and I-485 applications but USCIS will not adjudicate your case without one.....USCIS will instead send a Request For Evidence (RFE) specifying that a VSC should be submitted in the next 12 weeks or else petition would be denied......
But again, it is not needed for the initial filing.