This policy memorandum (PM) provides guidance on the adjudication of H-1B petitions for nursing positions. Specifically, this PM assists U.S. Citizenship and Immigration Services (USCIS) officers in determining whether or not a nursing position meets the definition of a specialty occupation. This PM supersedes any prior guidance on the subject.
Can I qualify for RN based H-1 if I have only an Associate degree in nursing?
The simple answer is, no, unless you also have 6 years of professional experience. Also note, not all RN's can qualify for an H-1.
I have Bachelor of science in nursing with 10 years of progressive experience (8 yrs in my home country then more than 2 yrs here in USA), do I qualify for EB2? What are the chances to get approved? If the company will file for concurrent filing of I-140 and I-485; will they give me working permit or EAD within 60 days though I-140 under EB2 category is still pending?
If your job requires BS + 5 years experience and you meet the requirements, EB2 is a possibility. Assuming you are born in a country for which the EB2 priority dates are current, you should get an EAD while the 140 and AOS are still pending.
H-1B NONIMMIGRANT PETITION FOR NURSES
A. GENERAL REQUIREMENTS
A registered nurse who is coming to the United States to perform labor in covered health care occupations (other than as a physician) and wishes to apply for Immigrant Visa(Permanent Resident Status) is required to have the following:
I am a Registered Nurse. My employer filled an I-140 in January 2010 for me which was approved. My priority date is now current. Right now, I had to get a new employer because my former employer has decided not to continue the sponsorship because of economic issues. What are the steps my new employer has to go through to sponsor me for the green card.
1. Get an H-1 transfer.
I am Indian citizen, did Nursing accelerated bachelor from accredited university (4yrs course finished in 2 yrs)in USA, RN licensed for NY/NJ/VA compact states ,for H1 and Green card. Do I need visa screen certificate?
"Yes. Although your professional education was completed in the United States, the purpose of the VisaScreen®: Visa Credentials Assessment is to provide a screening program which meets all federal requirements for international health care professionals seeking an occupational visa in the United States, irrespective of where the professional education was completed. However, there is a streamlined process for foreign-born health care professionals educated in the United States." From CGFNS.
I have just received my BSN and I'm currently awaiting certification from California. Will actively look for job once certification is approved. Have F-1 visa and just received OPT for a year. Can I qualify for "green card for nurses" after OPT period is over if already in country and having matriculated in the US? Any other recourse for permanency?
You will have several years of wait in the green card process.
I am an RN with a TN visa from Canada. My wife who is an American Indian born in Canada will soon be sponsoring me. Will the fact that I have a visa speed up the process?
It will not speed things up, but filing for Adjustment of Status (which is available only to folks who are already in USA), makes it possible to continue to stay in USA while the green card process is in the works.
I got my BSN in the US, passed NCLEX and got my employment authorization. I am currently on F1 visa, and working at a nursing home. I live in MN and it was extremely hard to get a job. How do I apply for a green card and what role will my employer play in this process? Is it going to cost my employer any money? And how long is it going to take to get a green card?
Your employer's role in this process is limited. You can pay for all expenses yourself. The length of the process is determined by the country of birth.