FAQ

Who can be an employer?

Any U.S. citizen or legal permanent resident who has a on-going business

located within the United States, including its trust territories, who can

offer you a permanent job as Registered Nurse and has the need for the

services of a Registered Nurse, and ability to pay your salary as such

Registered Nurse.

I am working in Alabama, can an employer in Chicago petition for me?

Yes. Any employer located in the United States can offer you future

employment. as Registered Nurse, provided the employer must intend
to employ you a RN, and you must intend to work for the employer

. permanently Up

I am working as Operating Room Nurse, am I qualified? Unfortunately,

you are not among the list of Registered Nurse positions. You must find

an employer who can offer other position aside from Operating Room

Nurse. Need help? email me Up

I have worked in Saipan for 6 years now, can I be petitioned by a U.S

employer under H-1B? How about a Green Card? Yes to both. Saipan does not

issue H-1B visa and therefore allows you to use H-1B. About the Green Card, the

RN may be anywhere in the world as long as there is a qualified employer who can

offer you permanent job as RN and has the ability to pay your salary. However,

the employer must intend to hire you upon arrival in U.S., and you must intend to

work for your petitioner permanently as well. Up

I graduated in Jamaica with a nursing diploma & CGFNS but I have five

years experience as RN, can I qualify? No. The INS considers three years

experience as equivalent to one year of education. You need one more year certified

actual RN experience to be qualified to apply. Up

Is it allowed to be petitioned by 2 or more employers so I will have more

chances of approval? Yes. Up

My patient wants to petition me, is it okay? It is okay, but be sure that your patient

offers you an RN position and that she has the ability to pay your salary as RN.

You may also need a doctor's certification that your patient's medical condition

requires full attention, and medication that may be applied only by a professional

Registered.Nurse. Up email me

I am not working because my visa is H-4. My husband has H-1 visa & is

an engineer. Is it faster or easier for him or myself to get a Green Card?

As a Registered Nurse, you can get your Green Card for both of you much faster

than he will file for it. For one thing, you do not have to get a Labor Certification

that takes about 2-3 years before being granted by the Department of Labor.

You have to have all the requirements though before you can qualify. Up

I am working as RN with TN visa but my spouse and unmarried 18-year

old son can't work. If I get my Green Card, can they get theirs?

Yes, and they will be able to apply for their respective work permit. Up

Can I be petitioned by someone who is not my present employer?

Yes. But that someone must be qualified by law as an employer, can offer you a job

that is for a Registered Nurse, can pay your salary as Registered Nurse and must

intend to continue hiring you in a foreseeable future as RN. You will have to show

why he requires the services of a Registered Nurse, unless it is obvious. Up

Can a doctor with an active clinic petition for a permanent RN?

Yes. The RN may be petitioned as Clinic Nurse. Up

Can a school be my employer?

Yes. You may be petitioned as School Nurse but the petition, as usual, must be

supported by evidences like the existence of a school clinic, number of students,

record of incidents...and not the least, the ability to pay your salary. Up

How about an industrial corporation, can they sponsor me?

Yes. You may be petitioned as Industrial Nurse and as usual the circumstances

around you must be well defined such as your employer, the duties & responsibilities

your salary as RN, permanent need. Up

I am a Director of Nurses, will my petition be processed similar to Registered Nurse?

You may be petitioned one level up and that is Eb2 which is the Employment-based

Second (2nd) Preference. Petitions in this category are fewer in number and therefore

are processed much faster by INS. You also do not require TOEFL, TWE and TSE test Up

Can a foreign company based in Japan, sponsor an RN? We have an

office in Burbank and I am one of their employees?

If your office can show through presentation of documentary evidence that there is

an bona fide Registered Nurse job opening and show their ability to pay the salary

as a Registered Nurse, then you may be petitioned as RN. You will also have to

present evidence of your qualifications. Up

My administrative job does not involve patient care, do I need to have

visascreen certification like the others to get my green card?

No, you do not need visascreen to apply for a green card but you must prove that your

position still fall under the allowed categories for the "Schedule A Occupation." Up

Can my petitioner cancel my Green Card after I got it & I resigned from

the company? No. No one can cancel your Green Card except INS. INS can

cancel your Green Card even after many years for fraud or for any material

fact that could not have led them to approve it in the first place. Up

My petitioner resigned from the corporation that petitioned me, is petition invalidated?

No. It is still valid and may be continued by his successor or anyone duly authorized

to represent the corporation. Up email me

I came here with tourist visa, I took the NCLEX and passed it. I found an

employer who will employ me for two years, can I get a Green Card?

No. For the job to be considered permanent, it must be for at least three (3) years. Up

I have passed the NCLEX but INS said I need to have a new CGFNS

Certificate, do I have to take another CGFNS test despite my NCLEX?

No. What the INS official really means is that you must have the new

visascreen certification by International Commission of Health Professions )ICHP),

a division of CGFNS. Visascreen is often referred to by INS as "New CGFNS

Certificate." Up

I have more than ten (10) years experience as RN in Saudi Arabia and I

have CGFNS but I do not have a Bachelor's degree as required for graduates outside

of the U.S.A., can I qualify to apply in some way for Green Card?

Well, you can have your experiences be certified by your employer

and request INS that it be converted to at least the two years of education you lack

in order to get a bachelor's degree. INS considers three years experience as equivalent

to one year of formal education. Department of Labor considers two years as equivalent

to one year education, and CGFNS considers one year experience as equivalent to one

year of education. Up email me

I am a student nurse graduating this May. Can I apply for Green Card

after I pass the NCLEX? Definitely. But you must have a visascreen certificate.

You must let your school and licensing body certify as to the authenticity of your

diploma and RN license, respectively, and pay the ICHP fee of $325. You do not

need any English-proficiency tests. Up

I have my I-140 approved already, but my temporary visa has expire

175 days ago, can I do something like pay a fine to file for my Green Card?

You do not need to pay a fine. You can go ahead and mail in your I-485 before

the 180th day. Your mail must be postmarked at least on or before the 180th day

to be valid. If it's the 180th day and the post office in your area is closed, run to the

largest international airport where there is a 24 hour mail system. I think it's better

to call the post office first and inquest which one nearest you is still open and until

midnight. Up

My petitioner last year no longer requires my services, can a new

employer petition me and can I retain my previous priority date?

A new employer may petition you and you may request that you retain the previous

priority date, if it was approved then You should insist that your old priority date

stands but do not be arrogant specially if you are dealing with Consular Officer who can

do anything to delay you. Up

How long before we get a labor certification from the U.S. Department of Labor?

You cannot. You are pre-certified as a Registered Nurse. You are among those

on the list called "Schedule A Occupations." So you tell immigration that fact by

submitting ETA 750 in duplicate, Part A signed by your employer and Part B signed

by yourself. Up email me

Can a licensed vocational nurse (LVN) apply for a Green Card, too?

Yes, but the procedure is quite different. The LVN or LPN (Licensed Practical

Nurse) must obtain a labor certification first before s/he can file I-140 to INS.

It will take about 3 years to obtain the labor certification. The priority date will

be the first day you have filed it correctly. Some LVNs continue their study to

become RNs but most just stick as LPN because they get the Green Card

anyways. Up

Is it possible for a Registered Nurse to apply from the home country for a Green Card?

Yes, we have many RNs who came from Middle East. Hong Kong, and Philippines.

Many are still expected to come from India, Middle East and Philippines.

I am in U.S.A. I have a CGFNS certificate but I don't have NCLEX yet, can I

apply for my Green Card or permanent visa? Up

Yes, but you must show some kind of progress towards obtaining your RN

license which could be as simple as a review class enrollment. Up

Do RNs enjoy a certain privilege or something?

RNs enjoy the privilege under the Schedule A Occupation. This privilege is not

automatic. You have to claim it before it could be granted to your petition.

You will be required of the usual labor certification if you cannot prove that

you do not need one. I have seen many nurses whose petitions were denied

due to this. The INS' presumption is that "you are not", and you must prove that

"you are." INS always have the standing rule that the "burden of proof rest upon

the petitioner for the benefit sought." Anything they do not know you must let

them know or they would simply recite the rule to you in their denial letter. Up

How long is my CGFNS certificate valid?

CGFNS is valid indefinitely but their record is kept for 7 years only. After that date

CGFNS can no longer certify as to its authenticity. You should back up your

certificate before that 7th year. You must also know that CGFNS does not issue

a duplicate, only a letter to that effect. Up

I am single, can I petition my sweatheart?

No. You can only petition your sweetheart if you are married and have evidence

of that union which is acceptable in the place where marriage took place. Up email me

Congratulations!

You've started your way to reside in USA permanently.

Remember to submit all your documents.
After reading all of the above, do you think I can help you?- Yes, I definitely can!!

- Ruben Ealdama, Managing Director - email me

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