Underpaid DACA Agency Nurse

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I was granted a 2 year renewable work permit under Deferred Action for Childhood Arrivals (DACA). As a new graduate nurse looking for any position available, I got employed in a nursing agency. At the time I accepted the job, they offered me $30/hr (I live in NY) with a 1 year contract. A month or two after, I learned from my coworkers that the baseline wage for an agency nurse runs between $38-40/hr. My colleagues who are associate degree new grads like myself working in the same hospital are getting paid $40/hr. My agency said that they will provide sponsorship as long as I pay the $500+ fee and fill out the paperwork.

I know that as a non-immigrant that I don't have plenty of choices. What I do want to know is:

1) if there is anyone who is in a similar position as me, being underpaid due to status? If they are underpaying me due to my status or their intent to provide sponsorship, I would have appreciated it if they made me aware of that. I did ask them and their response was $30/hr was the standard pay for starting nurses (which is not true as mentioned above).

2) Has anyone been sponsored by an employer? How does the process work (fees, paperwork)? And are you then bound to work for them forever?

Please no negative comments. I appreciate your input. Thank you.

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Specializes in Nephrology, Cardiology, ER, ICU.

Hi and welcome. I was not familiar with this program so I looked into it: Deferred Action for Childhood Arrivals | Homeland Security

This is one of the questions in the FAQs of this site:

Q7: Does deferred action provide me with a path to permanent residence status or citizenship?

A7: No. Deferred action is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship. Only the Congress, acting through its legislative authority, can confer these rights

These really seem to be questions for an immigration lawyer.

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I understand that. I would not be getting a path to permanent residence through DACA. My current employer is sponsoring me.

My question was, if there was anyone who is also getting underpaid due to the fact that they are getting sponsored and what is the process.

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Specializes in Med/Surg, Ortho, ASC.

It makes sense to me that your salary would be less than another nurse, since you are being sponsored (compensated in other ways).

I guess I don't understand your question/concern. I don't consider you as being underpaid.

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Specializes in ICU, LTACH, Internal Medicine.

I am pretty sure that paying you less than other nurses (as long as there is no difference in experience, etc.) is not legal. Holders of H1, J1 and other "sponsored" visas must be paid the same as any other person employed at that place. Besides, your employer can "sponsor" you an H1 visa, for example, but you don't pay the employer for that. All your fees go to immigration department.

The whole story smells very fishy to me. Please keep every piece of paperwork you'd got or signed, and get a layer ASAP if you still don't have one. Do not do any "sponsorship" without legal representation.

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Are you able to get license in New York with DACA status? I will graduate in May and DACA status.. My state does not let me take NCLEX so I would like to know how New York works..

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Yes I was able to get my license in New York with DACA. I'm currently working in a hospital as an agency RN. Which state are you from?

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South Carolina.. Do you know If New York still give license for RN?

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Yes I believe so. On the immigration status question I chose non-immigrant and wrote Deferred Action for Childhood Arrivals. Did you do the same when you applied in South Carolina?

Also, when I took my NCLEX, I used my passport as identification and not my driver's license since it says temporary visitor which they do not accept

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I will also be graduating from nursing school soo. and i have Daca . Do you think the BON will let me sit for the nclex? I dont wanna have to go through all this hard work for nothing. And which choice did u select on the application. By the way i live in new york

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Yes. On question #22 about immigration. I chose H. non-immigrant and put Deferred Action for Childhood arrivals on the blank space (https://allnurses.com/nclex-discussion-forum/deferred-action-for-798512.html#post7223834).

When you take your NCLEX make sure to use your passport not your driver's license since it says "temporary visitor" and they won't accept it.

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I am in texas, is new york the only state that can do this? does that mean i can only work in new york? or can i work anywhere?

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