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.
Visa Screen Certificate is something that you apply for thru CGFNS/ICHP. It does not require an attorney.
You need to take and pass the NCLEX exam before anything can be started as far as the petitioning process. Currently, all nurses are affected by the retrogression, no exceptions to that at the moment.
There is nothing that can be done until you have graduated and have taken the NCLEX. Do not know what will be happening at that time.
Would focus on getting thru this last semester and then the NCLEX exam, that is needed first.
I am on opt and my employer wants to petition for me. if it does not come through before opt ends what do i need to do. Can I continue working once the process starts ot what do i need to do. Thanks for all your help
Specializes in Medical and general practice now LTC.
Hi Suzanne,
I am on opt and my employer wants to petition for me. if it does not come through before opt ends what do i need to do. Can I continue working once the process starts ot what do i need to do. Thanks for all your help
If your OPT has expired and retrogression is still in progress then you can not continue working as OPT EAD is only valid for the length of time you received it for ie 12 months and can not be renewed. You will have to look at another option to remain in status which may mean continual studies. I would suggest a read on here especially in this thread as I am sure Suzanne has explained before
If your OPT expires while your petition is in process (because of retrogression), and you decide to go back to school to remain in status, does the petitioning and green card processing continue while you are still in school in your second program or do you have to reapply? I am in an ADN program, and so maybe after OPT if I haven't got the green card yet I would start my BSN to stay in status. Would the processing continue or would I need to reapply after the BSN program and wait again? I would not have OPT then since I would have used it up after the ADN so I'm wondering how this works.
If your OPT expires while your petition is in process (because of retrogression), and you decide to go back to school to remain in status, does the petitioning and green card processing continue while you are still in school in your second program or do you have to reapply? I am in an ADN program, and so maybe after OPT if I haven't got the green card yet I would start my BSN to stay in status. Would the processing continue or would I need to reapply after the BSN program and wait again? I would not have OPT then since I would have used it up after the ADN so I'm wondering how this works.
thanks again for the answers
Your last concern first:You are eligible for 12 months of OPT for each higher level of education attained. That is you may apply for OPT after your ADN, and later after your BSN, and so on. As for your first concern: It is NOT a smart move to have an employer petition for you if retrogression is in place. Because it shows that your intentions are be in the country permanently and NOT temporally as your F-1 status demands. Better file your papers when visas are current so you may apply for adjustment of status at the same time.
Your last concern first:You are eligible for 12 months of OPT for each higher level of education attained. That is you may apply for OPT after your ADN, and later after your BSN, and so on. As for your first concern: It is NOT a smart move to have an employer petition for you if retrogression is in place. Because it shows that your intentions are be in the country permanently and NOT temporally as your F-1 status demands. Better file your papers when visas are current so you may apply for adjustment of status at the same time.
Thanks for the info on OPT, I didn't know that. I thought you only had one shot at OPT no matter what,so thanks, the info makes me feel better.
How do you know at any given time whether retrogression is in place and what countries it affects? How do you get the current info? For example, I will graduate in December and start OPT sometime mid-January, I already have a guaranteed job for my OPT period, so how will I know whether or not retrogression is in place?
Specializes in Medical and general practice now LTC.
Thanks for the info on OPT, I didn't know that. I thought you only had one shot at OPT no matter what,so thanks, the info makes me feel better.
How do you know at any given time whether retrogression is in place and what countries it affects? How do you get the current info? For example, I will graduate in December and start OPT sometime mid-January, I already have a guaranteed job for my OPT period, so how will I know whether or not retrogression is in place?
thanks again for the useful info.
you keep an eye on the website for up to date bulletins usually come out middle of every month visa bulletin
Your last concern first:You are eligible for 12 months of OPT for each higher level of education attained. That is you may apply for OPT after your ADN, and later after your BSN, and so on. As for your first concern: It is NOT a smart move to have an employer petition for you if retrogression is in place. Because it shows that your intentions are be in the country permanently and NOT temporally as your F-1 status demands. Better file your papers when visas are current so you may apply for adjustment of status at the same time.
My understanding from previous posts is that you can still petition(I-140) nothing more, while the retrogression is still in place. You don't necessarily have to wait until visas become current to do so. someone, correct me if I misunderstood.
My understanding from previous posts is that you can still petition(I-140) nothing more, while the retrogression is still in place. You don't necessarily have to wait until visas become current to do so. someone, correct me if I misunderstood.
If your OPT expires while your petition is in process (because of retrogression), and you decide to go back to school to remain in status, does the petitioning and green card processing continue while you are still in school in your second program or do you have to reapply? I am in an ADN program, and so maybe after OPT if I haven't got the green card yet I would start my BSN to stay in status. Would the processing continue or would I need to reapply after the BSN program and wait again? I would not have OPT then since I would have used it up after the ADN so I'm wondering how this works.
thanks again for the answers
Things will continue to progress. But nothing will go past the I-140 if there are no visas available. You will continue to be under the F-1 status until the I-485 can be submitted. The petitioning is based on your meeting the requirements for working in the US as an RN and has nothing to do with you continuing on school. Actually when there are no visas available, the only thing that you can legally do it to remain as a full-time student and under the F-1 status.
You can get the OPT for each next level of schooling, such as the ADN, then the BSN, then the MSN. But it should not take you more than the next degree to get the green card. It is also dependent on where you are born, there are only so many visas available per year for your country of birth, not where you are currently residing, or where you are a citizen of.
Your last concern first:You are eligible for 12 months of OPT for each higher level of education attained. That is you may apply for OPT after your ADN, and later after your BSN, and so on. As for your first concern: It is NOT a smart move to have an employer petition for you if retrogression is in place. Because it shows that your intentions are be in the country permanently and NOT temporally as your F-1 status demands. Better file your papers when visas are current so you may apply for adjustment of status at the same time.
Actually not entirely true. It is well known fact that any that come here and go to nursing school are usually planning to stay and have never seen one issue with anyone that has started the process.
Right now the retrogression is for all nurses from all over the world, but expect some changes next month. And as we saw this past month when there was a small window of opportunity, there was only a short time to get things submitted. And when it takes about six weeks just to prepare the documents and petition for the I-140, it is best to have that done in advance. To wait to start that, and it may delay someone for another year. Visas were not current in July, but were accepted so that does not always hold true to wait until they are current.
Each case needs to be decided on its own merit, but telling someone to automatically wait is not necessarily good advice. Birth country also plays a large role in this at this time and for the next few years. Attending school in the US does not guarantee anyone a visa to remain in the US to work if there are not visas available.
suzanne4, RN
26,410 Posts
Visa Screen Certificate is something that you apply for thru CGFNS/ICHP. It does not require an attorney.
You need to take and pass the NCLEX exam before anything can be started as far as the petitioning process. Currently, all nurses are affected by the retrogression, no exceptions to that at the moment.
There is nothing that can be done until you have graduated and have taken the NCLEX. Do not know what will be happening at that time.
Would focus on getting thru this last semester and then the NCLEX exam, that is needed first.