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Immigration Issues/F1 student in Accelerated BSN programme.

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Question
Hi Eileen, I had a question in addition to what you had answered earlier (someone else's question)
Earlier Question:
Hi, Eileen: I'm a nursing student here in the US expecting to graduate this year in May, I know that there is a way nurses can get a green card due to the current nursing shortage in US, do you know how do I start the process? Do I need to have a job? I'm going to be on OPT for a year.
Do you handle this kind of cases? thank you."

My question:
My case is the same as the above. However. I am in an Accelerated BSN programme. However i do have a Masters in Management from India. Will this change my case to apply for an H1 or Green card. How about working in Under served areas. Physicians get a J1 waiver. Is there something for Nurses. Would you take up my case, i ask cuz i am located in KY.


Answer
Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Ateeq,

Thanks for your question.  

Your Master's in Management as well as your BSN makes you eligible from an educational standpoint for an H-1B.  However, the USCIS will also look at whether the actual job which you are to fulfill is one that is of H-1B caliber.

Meaning:  H-1Bs are for (1) applicants who have at least a Bachelor's degree in a field of specialized or professional knowledge and (2) who will work in positions that normally require at least a Bachelor's degree for entry to the profession.

In your case, nurses are normally not H-1B types of cases.  In my experience and per USCIS memorandum and practice, generally, the only types of nurse positions that require a 4 year BSN as opposed to a 2 year RN program are those types of positions that require further training.  Good examples are CCU or ICU or surgery nurses.

If you pursue employment through your Master's in Management, then of course, the types of jobs you can take will open up immensely.  With the H-1B cap not yet reached yet, you should definitely take advantage of filing a case this year if at all possible.  (Easier said than done, I know to find an employer, but you never know!)

As for your question regarding working in medically underserved areas, there is such a visa called an H-1C though there are very few visas available at all (like 500 per year, nationally).  The hospitals that are allowed to petition for H-1C nurses are also few and limited.  Eligible hospitals have to meet strict requirements including a certain number of medicare reserved beds etc. I rarely see H-1C cases, but if you find a hospital that assures you they qualify and if there are H-1C visas available in their own quota, by all means, go for it!

I am able to provide you further information and even assistance even if you are in Kentucky.  I work with clients who are still outside the US and many times outside of the LA area.  The important thing is that you find a job in which you are happy and that qualifies for the H-1B.

Feel free to follow up with further questions.

Best of luck.
Eileen Chun-Fruto
www.fongandchun.com
http://www.superlawyers.com/california-southern/lawyer/Eileen-Chun-Fruto/e5bf6f7  

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Eileen Chun-Fruto

Expertise

I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).

Experience

I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Organizations
Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

Education/Credentials
J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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