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.
Specializes in Medical and general practice now LTC.
hi suzanne
how soon can i apply for vsc after nclex? also, could you tell me when do i apply for i-140 and i-148?
thanks
you can apply for vsc as soon as you have results from nclex but currently can not file i148 only i140 due to retrogression. much has already been written about this so suggest a good read. all nurses regardless on country are affected including in the us. this does not give you permission to stay in the us and work. also you need an employer to file i140 not you
Alrite, I brushed through all the forms and I am completely confused.
I am beginning Accelerated 12month nursing this May on F1. So, in May 2009, I should graduate and be eligible for OPT.
From reading the forms, it appears its to be very difficult to get a Nursing job on OPT. Further, because of retrogression it is not possible to get a green card within one year.
Lets revisit.
1. Duration: From graduation to passing NCLEX.
2. Duration: From passing NCLEX to completion of Visa screen.
3. Duration: Average duration to find job on OPT (anywhere in US)
4. Duration: Permanent Labor certification and EAD (I do not know whats the forum)
5. Duration: EAD to Green Card.
Issues, with changing employers once EAD is issued.
Specializes in Medical and general practice now LTC.
Alrite, I brushed through all the forms and I am completely confused.
I am beginning Accelerated 12month nursing this May on F1. So, in May 2009, I should graduate and be eligible for OPT.
From reading the forms, it appears its to be very difficult to get a Nursing job on OPT. Further, because of retrogression it is not possible to get a green card within one year.
Lets revisit.
1. Duration: From graduation to passing NCLEX.
2. Duration: From passing NCLEX to completion of Visa screen.
3. Duration: Average duration to find job on OPT (anywhere in US)
4. Duration: Permanent Labor certification and EAD (I do not know whats the forum)
5. Duration: EAD to Green Card.
Issues, with changing employers once EAD is issued.
Any recent experiences with this? Thanks
Things may change by the time you finish your course but if it stays the same as it is now then once you have completed OPT you can not adjust and get EAD therefore can not stay in the US and work. You need to find a way to stay as a student or return home. There was a small window in July 07 that opened up enabling you to do this but due to the high submission doubt this will happen again for a few years
It is a year training period that one can apply for to start after their complete their training, but it requires that the nurse was using the F-1 status and this is still under that.
Optional Period of Training
But the issue with it is that we do not expect any visas available when someone completes their year of training. There were actually many in the US that missed that open window where they could have had petitions submitted this summer because they had not either passed the NCLEX exam or their attorney received the letter from the BON that needed to be submitted with the petition.
It is a year training period that one can apply for to start after their complete their training, but it requires that the nurse was using the F-1 status and this is still under that.
Optional Period of Training
But the issue with it is that we do not expect any visas available when someone completes their year of training. There were actually many in the US that missed that open window where they could have had petitions submitted this summer because they had not either passed the NCLEX exam or their attorney received the letter from the BON that needed to be submitted with the petition.
The official phrase is Optional Practical Training. You can find the official definition of OPT here
I just graduated this December and passed the NCLEX this friday. I also got a job offer from a skilled nursing facility. They said they will sponsor me as long as the immigration starts giving out visas. I have been so consumed with the nursing program that I dont know what "retrogression" really means for me. I know there's a long line to get the H1-visa. I am hoping you can clue me in to what are the steps to get this visa.
I just graduated this December and passed the NCLEX this friday. I also got a job offer from a skilled nursing facility. They said they will sponsor me as long as the immigration starts giving out visas. I have been so consumed with the nursing program that I dont know what "retrogression" really means for me. I know there's a long line to get the H1-visa. I am hoping you can clue me in to what are the steps to get this visa.
Jill
There are already many threads on this very topic concerning the retrogression. Please be aware that working as a staff nurse will not get you the H1-B visa, even if they promised it to you. They are not the ones that issue the visas, only the US government does that. And we have not seen them issued for RNs at the bedside in more than three years.
Unless you have the OPT to be able to work under, there is no way that you will be able to remain in the US to work. Even if you were able to get the H1-B visa, the next time that they will accept a petition for it is in April for the October, 2008 start date. Your student visa only permits you to remain in the US for 60 days after you graduate from your program. There is not an open period to submit for this visa at anytime. And even applying for it in April already has put you past the time that you can remain in the US. You may be over your visa dates already. They are concerned with the time that you graduate, nothing at all to do with when you take the NCLEX or pass it.
If you check your passport, you will find that the term D/S is on the I-94 and that means the day that classes have completed. If you did not apply for the OPT before you graduated, then it is not an available option for you at this time.
Sorry that your school did not provide the necessary information for you in a timely fashion. It was their responsibility to have done this.
Thanks for your prompt response. I have my OPT and it started on Feb 20, 2008. This is why I can work legally for now upto 1 year in the U.S. So you're saying, I have to have them do it before April to get it processed in time for October of this year? So in your response, you were thinking that if I didnt have an OPT there would be no options for me. Does it change things that I have an OPT that is still good for 1 year?
Specializes in Medical and general practice now LTC.
Thanks for your prompt response. I have my OPT and it started on Feb 20, 2008. This is why I can work legally for now upto 1 year in the U.S. So you're saying, I have to have them do it before April to get it processed in time for October of this year? So in your response, you were thinking that if I didnt have an OPT there would be no options for me. Does it change things that I have an OPT that is still good for 1 year?
Jill
H1b is generally filed in April with a start work date of Oct with a high demand and not enough visas so no guarantee that you will get one. H1b is generally not used for bedside nurses especially ones newly qualified. Has been known to be used if the nurse has highly sought after skills and the hospital willing to go through it and the nurse meets the requirements. OPT does give you the chance to work in the US for 12 months or however long you have been given especially if lucky to find an employer willing to petition you (many have posted that now finding it hard) but at the moment there is no way to adjust your status once OPT has finished due retrogression and no visas to adjust and after the small window which opened July 07 of which many many thousands submitted AOS the likelihood of this window opening may not happen for a few years.
Well, they also gave me an option that if things dont work out with my visa petition they said they can keep me there as an RN still as long as I go back to school. I was wondering if I can go pursue my Master's Degree and work full time together? This is another option im looking at if the H1-visa fails.
Specializes in Medical and general practice now LTC.
Well, they also gave me an option that if things dont work out with my visa petition they said they can keep me there as an RN still as long as I go back to school. I was wondering if I can go pursue my Master's Degree and work full time together? This is another option im looking at if the H1-visa fails.
Not sure if you will be able to work as RN as well as a student as student visa only allows you to work 20 hours a week and you also need to prove that you can support yourself as a student.
Silverdragon102, BSN
1 Article; 39,477 Posts
you can apply for vsc as soon as you have results from nclex but currently can not file i148 only i140 due to retrogression. much has already been written about this so suggest a good read. all nurses regardless on country are affected including in the us. this does not give you permission to stay in the us and work. also you need an employer to file i140 not you