For those of you that are studying in the US under either an F-1 visa, or any other where you do not have permission to work, and will need to apply for a green card when you finish your schooling-----this is for you.
You must meet all of the requirements for immigration that a foreign-trained nurse does, the only exception that you have is that the English requirements are waived for you. You still need to submit the application and get a Visa Screen Certificate. This is offered by CGFNS and the application is available on their website, http://www.CGFNS.org. There is only one application available, whether you did your training in the US, or overseas.
You will still need to find an employer that will petition for your green card. You will still need to undergo a physical exam at a physician's office that is approved by USCIS an have verification of all titers and vaccinations. If you do not have verifiable proof of having had chicken pox, etc., you will need to have either a titer drawn, or receive the vaccination. Immigration is very strict now with this, they will no longer go on what you are verbally telling them.
Hope that this helps...............most of you will also be able to get an OPT for one year of training while your documents are being processed, but you can only receive the OPT once, especially if this is now a second career for you, and you already used your OPT status for the other.
If you are coming to the US just for the MSN, and already have a BSN from overseas, you will be required to write the English exams. You are only exempt from them if this is your initial training as a nurse, meaning ADN or BSN only.
I am aware that they are presently finished with the Green card quota. Does this also mean that we have lost our 'Schedule A' category. Do we need to go through the DOL certification process?
I am aware that they are presently finished with the Green card quota. Does this also mean that we have lost our 'Schedule A' category. Do we need to go through the DOL certification process?
Every I-140 petition requires a Labor Board Certification. There is no Schedule A at the moment..........
just read your 'primer' - thanks for all the info..... am in the process of visa/ green card application... at visa screen certification now.... am with OGP agency, and their contract seems a bit dodgy... they now send me an 'amendment' to the original contract, which basically, the only alteration to the original is the amount of US $ I have to pay them if I do not complete my 3120 hours with them. They say there are no permanent jobs in the state I want to work, so I am stuck with them now, having to go 7 work wherever they want to send me in the USA... any advice??!
Specializes in Medical and general practice now LTC.
just read your 'primer' - thanks for all the info..... am in the process of visa/ green card application... at visa screen certification now.... am with OGP agency, and their contract seems a bit dodgy... they now send me an 'amendment' to the original contract, which basically, the only alteration to the original is the amount of US $ I have to pay them if I do not complete my 3120 hours with them. They say there are no permanent jobs in the state I want to work, so I am stuck with them now, having to go 7 work wherever they want to send me in the USA... any advice??!
There is a thread on this in the UK forum as a lot of UK nurses are getting this ammendment (so are nurses from other countries) Check and see if your contract states changes to be approved by both parties as at present not many are signing as they don't agree. It is wrong what they are doing but they do have you a bit over a barrel. Would be interesting to see if anyone has approached immigration to tell them about the changes they are suddenly bringing in :angryfire
USCIS can go after the agency, for making changes and not submitting them to immigration for approval. Initial petitions were approved based on the the original contract, not the changes.
You forget that you need an updated contract to be submitted when you go for your interivew at the US Embassy, and this is where OGP has them over a barrel, if they do not sign it, then they do nto have a current contract to present.
I hope that others take the time to read about this wonderful agency.
Every I-140 petition requires a Labor Board Certification. There is no Schedule A at the moment..........
Suzanne - Just to correct your information posted.
Schedule A does exist for Nurses and has nothing to do with retrogression. Sch. A occupation do NOT require Labor Certification aka LCA. Sch. A is decided by the US Dep of Labour based on the vacancy rate or shortage in a profession in the country - it is then declared as a Sch A occupation. Reg Nurses come under Sch. A, instead of going through the entire labour certification process (takes 18 months) i.e. prove by advertising the said position in national papers, collect responses and CVs etc...and prove that there is no one suitable to match that job hence sponsoring of the nurse of that position, they are filed as Sch A occupations
Schedule A is a list of occupations, set forth at 20 CFR 656.15, for which the Department has determined there are not sufficient U.S. workers who are able, willing, qualified and available. In addition, Schedule A establishes that the employment of aliens in such occupations will not adversely affect the wages and working conditions of U.S. workers similarly employed
An employer shall apply for a labor certification for a Schedule A occupation by filing an ETA Form 9089, in duplicate with the appropriate USCIS Center, NOT with the Department of Labor or a SWA.
Suzanne - Just to correct your information posted.
Schedule A does exist for Nurses and has nothing to do with retrogression. Sch. A occupation do NOT require Labor Certification aka LCA. Sch. A is decided by the US Dep of Labour based on the vacancy rate or shortage in a profession in the country - it is then declared as a Sch A occupation. Reg Nurses come under Sch. A, instead of going through the entire labour certification process (takes 18 months) i.e. prove by advertising the said position in national papers, collect responses and CVs etc...and prove that there is no one suitable to match that job hence sponsoring of the nurse of that position, they are filed as Sch A occupations
Schedule A is a list of occupations, set forth at 20 CFR 656.15, for which the Department has determined there are not sufficient U.S. workers who are able, willing, qualified and available. In addition, Schedule A establishes that the employment of aliens in such occupations will not adversely affect the wages and working conditions of U.S. workers similarly employed
An employer shall apply for a labor certification for a Schedule A occupation by filing an ETA Form 9089, in duplicate with the appropriate USCIS Center, NOT with the Department of Labor or a SWA.
Hope it helps
What I am speaking of is not a DOL Certificate, but a labor proof that the facility has followed the requirements of the petition and that is that the job was posted for ten days and there has been a thirty day wait before the I-140 can be submitted. I have never said that it needed DOL, these are two completely different things. And I never said that is comes from the Dept of Labor, everyone seems to want to put words into my mouth that I never said. I have only menitoned labor certification over and over again. Never the Dept of Labor..................I am well aware of what I keep statign over and over again, and if it is union facility, then a document is required from them as well.
Scheule A is nurses.........and other health care workers, all under that division are under the retrogression right now, and that includes Physical therapists as well. Schedule A is a classification under the EB3, and they do not have any visas available for them right now. If there are no visas available for that classification right now, they are under the retrogression.
What I am speaking of is not a DOL Certificate, but a labor proof that the facility has followed the requirements of the petition and that is that the job was posted for ten days and there has been a thirty day wait before the I-140 can be submitted. I have never said that it needed DOL, these are two completely different things. And I never said that is comes from the Dept of Labor, everyone seems to want to put words into my mouth that I never said. I have only menitoned labor certification over and over again. Never the Dept of Labor..................I am well aware of what I keep statign over and over again, and if it is union facility, then a document is required from them as well.
Scheule A is nurses.........and other health care workers, all under that division are under the retrogression right now, and that includes Physical therapists as well. Schedule A is a classification under the EB3, and they do not have any visas available for them right now. If there are no visas available for that classification right now, they are under the retrogression.
So what you are referring to is a PERM posting by the facility, in immigration terms, Labor certification is different from a PERM posting. I quote from a close family member is a US Immigration attorney and does browse through this forum often...
So what you are referring to is a PERM posting by the facility, in immigration terms, Labor certification is different from a PERM posting. I quote from a close family member is a US Immigration attorney and does browse through this forum often...
All petitions for the I-140 that are submitted to USCIS must include the same form that you mentioned below in your other post, it is not thru the Dept of Labor that you keep referring to and say that I mention. I keep insiting that the proper documentation must be included that the job was posted for ten days and then there is a 30 day wait period before anything can be submitted. I never included the DOL, you keep bronging it up. I have never called it that, and usually never refer to numbers since it beocmes more confusing for many, as the attorney takes care of it.
They need to know that if they get a job offer one day, the petition can not be submitted the next, unless the requirement listed above has laready been met.
And right now, there are no Schedule A visas, they are not available, so right now they do not exist. I never stated that they will not be back, but right now, there are none there.
And I work in consulation with immigration attorneys from all over the country, and I am correct in what I have posted. Please take the time to read what I have origianlly posted instead of twisting it and putting words in that I never stated.
Tds
9 Posts
Hi,
I am aware that they are presently finished with the Green card quota. Does this also mean that we have lost our 'Schedule A' category. Do we need to go through the DOL certification process?