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Dear Atty. Palacios:
I am a tourist and a registered nurse from the Philippines and I just passed the NCLEX-RN exam. My I-94 will expire on September 15, 2009. There is a hospital here in Los Angeles that is interested to sponsor me but I understand that I cannot file applications for adjustment of status and work authorization because of the retrogression. Should I go home and just wait for interview in the Philippines or should I stay and take my chances here? Please advise me.
Cory
Immigrant visa options
Can your employer file an immigrant petition in your behalf now? The answer is yes. A lot of employers actually still do file petitions in behalf of Registered Nurses (RNs). Why? So that they can reserve priority dates for their RNs.
Employers can still file immigrant petitions on behalf of RNs because the retrogression only affects the filing and approval of adjustment and immigrant visa applications.
The RNs who are here in the United States will not be able to work for their employers/petitioners because of the retrogression. They will have to decide whether to go home and wait for their visa interviews abroad or stay here and hope and pray that Congress would pass the law granting additional visa numbers for RNs soon so that they could file their applications for adjustment and work authorization before their legal status expire. The RNs who decide to stay here could also try to change and extend their nonimmigrant status.
Non-immigrant working visa options
RNs have very limited nonimmigrant working visa options.
H-1B
Some employers have tried to use the H-1B category as a means to bring in foreign nurses faster from abroad. In order for an H-1B case to be approved, the employer must prove that the position requires somebody with at least the relevant bachelor’s degree.
H-1B status is generally not available to RNs because the normal requirement for a typical professional nursing position in all states in the U.S. is an associate degree and not a bachelor’s degree in nursing.
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