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Immigration Tidbits

IMMIGRATION TIDBITS

 

Once you have enrolled with us and meet all the Preliminary requirements, the next step is for our Recruitment Consultant to market you and match you up with our clients. If there is a good match between you and our client, our client will then make an “Offer of Employment”. Once you accept the “Offer of Employment” and the terms of agreement, the next step is the immigration process.

There are several ways a foreign-trained professional can legally work in America. CNERGI will evaluate each candidate in detail to determine which visa will be efficient and fast because at CNERGI we simplify the recruitment process. There are several visa available under the Bureau of Immigration & Citizenship Services. These are as follow:

H-1 B Visa:

Although foreign professionals utilize the H-1B visas the most, the INS has determined that nursing, as a profession, is not per se eligible for an H-1B visa, since a bachelor's degree is not generally required to become a registered nurse. There are, however, some areas of nursing that are so specialized and complex that the knowledge required to perform the duties requires a bachelor's degree or higher. This may include supervisory or management nursing positions, and specialties such as surgical nursing, pediatric nursing, nurse-anesthetist and nurse practitioners. Such nurses may be eligible for the H-1B visa but their cases will be scrutinized extremely closely. Lately there have been many instances where H-1B visa has been denied to nurses.

 

H-1 C Visa:

There also exists a special nonimmigrant visa for nurses called the H-1C visa, but these are limited to only 500 a year and are extremely restricted. Only 14 hospitals in the country have been initially determined to qualify to apply for H-1C visas. These hospital facilities have to also make very onerous attestations such as no more than 33% of nurses employed by the hospital will be H-1C nonimmigrant nurses and that the facility is also taking timely steps to recruit and employ US nurses.

The H-1C visa was created in 1999 specifically for hospitals in areas with low primary care physicians-to-patient ratios, typically in rural or inner-city locations. Facilities must meet additional stringent standards, so stringent, in fact, that the U.S. Department of Labor identified only 14 hospitals that qualified to hire nurses on H-1C visas. These 14 hospitals face additional restrictions: only 500 H-1C visas will be issued each year by the INS, and the program limits the number of H-1C`s issued in each state to either 25 or 50, depending on the state population.

H-1C visas are valid for three years, and usually take two to six months to approve.

 

TN Visa - For Canadian or Mexican Nurses

Registered nurses who are Canadian or Mexican citizens can work in the U.S. on the TN visa, as long as they have a state or provincial nursing license. The TN visa typically takes from one to six weeks to approve, and is good for one year. It may be renewed in yearly increments an unlimited number of times. These visas are issued under NAFTA-North American Free Trade Agreement. Below is the list of documents for applicants seeking visas under NAFTA.

  • Current nursing license from the state of intended employment
  • Current license from Canada or Mexico
  • Nursing Diploma
  • Letter of employment
  • Birth certificate form Canada or Mexico
  • Fee of $50

 

Green Card:

Going directly for the immigrant visa or green card is the best option for nurses. Although this may take longer than a nonimmigrant visa, it is generally the best and safest bet for a foreign nurse especially coming from Asian Sub-Continent. Although receiving your Green Card can take time. Once you get it you can travel freely to and from the United States. The Green Card also gives you the right to live and work in the United States on a permanent basis. You can either remain a citizen of your home country or choose to become a United States citizen after a designated period of time. . Green card has an added advantage that your spouse and unmarried children can also get the green card.

To obtain an employment-based green card, the employer first files a labor certification application with the US Department of Labor, before filing the immigrant petition with the INS, resulting in the green card for the foreign worker. The good news is that the labor certification process, which requires the test of the US labor market, has been waived for professional nurses

 

The process of getting a green card involves two main steps:

·Immigration Visa petition in USA

·Consular processing in your home country

Immigration Visa Petition in USA:

This involves several steps:

1.       In order for CNERGI to sponsor you for the green card, the first and foremost thing is that you should have CGFNS certification. We will be helping you in every way possible to get your CGFNS certification.

2.       Once you have obtained the CGFNS certification, we will start the process of looking for the hospitals, which will suit you based on your preference and experience.

3.       The hospital staff and our team of experts will conduct interviews with you o personally or over the phone. Based on the interview you will be informed which state you will be going to work in USA.

4.       Now we will send you an immigrant visa petition called I-140 for completing along with some forms. You will complete the application, fill the forms and send them back to us. You will also have to send documents along with the petition.

These include:

o        Copies of educational certificates: 10th, Intermediate, Nursing Degree / Diploma and marks memos

o        Copies of nurse license

o        CGFNS Certificate

o        Visa Screen certificate

o        Detailed nursing work experience certificate

o        Reference letters

o        Copy of the passport

o        Bio-data

5.       After we receive the documents CNERGI will file papers with the INS. After about 2-6 months depending upon the location of the employer, INS will approve the I-140 petition.

Consular processing in your home country

1.       Once the I-140 is approved in USA INS send the approved visa application to National Visa Center Portsmouth, New Hampshire, USA.

2.       The National Visa Center sends a packet to our firm, which contains a number of forms to fill. We will forward this packet to you with instructions as how to fill these forms. We will assist you in everyway possible in completing these forms. The packet will inform you which US consulate to send this completed documents, depending upon the country and region you live.

3.       Once the forms have been submitted to the consulate, you'll receive instructions for obtaining medical exams and fingerprinting. Again, CNERGI will assist you in the whole process.

4.       Now you are going to receive a notice stating the location, date and time of interview at the nearest US consulate. In order to prepare for the interview, our firm will give you a review of how the interview is conducted and what documents you need to bring for the interview.

These include

o        Application

o        Police Clearance

o        Birth Certificate

o        Marriage Certificate, if any

o        Divorce or Death Certificate of Spouse, if any

o        Valid Passport

o        Medical Examination

o        INS Photographs

o        Recent job offer letter (or employment contract)

o        Financial information regarding employer

o        Government filing fee

o        Visa Screen Certificate

 

5.       Once you get the visa you are ready to come to USA and our firm will assist with you in every step of the way from your travel arrangements, to starting your new life in this land of opportunities.