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PROFESSIONAL MEDICAL TRANSITIONS 116 West Santa Fe Ave Placentia, California 92670 714-520-1457 |
March 2006. The United States Congress was considering new immigration laws. As of March 17th, 2006, the US Senate was still debating such a bill, and the House had its own version. There was a new comprehensive immigration Bill that was introduced in the US House on March 22, 2007. NO COMPREHENSIVE IMMIGRATION BILL WAS PASSED INTO LAW BY THE US CONGRESS IN 2007. For the year 2008 no Congressional action is expected on Comprehensive Immigration Reform. Piecemeal legislation has been introduced in Congress to recapture unused employment based visas and the Emergency Nursing Supply Relief Act which makes immigrant visas available for Nurses and Physical Therapists. As of August 1, 2008 these piecemeal legislations advanced in Congress. See: U S Immigrant Visas |
| Present H-2B Non-immigrant Visas Because Mexico is adjacent to the USA, PMT intends to work with Mexican nurses to bring them to the US under H-2B visas to work as nurses aides/assistents. The primary purpose of working with Mexican nurses is to get them to the USA and working, where they will have the real opportunity to improve their English skills and while in the USA prepare and pass the CGFNS and NCLEX-RN exams to become Licensed Registered Nurses and thus immediately eligible to work in the US under TN2 visas, good for three years at a time. There presently is a H-2B non-immigrant category, but it requires lengthy procedures by the US employer (or the Employer’ s lawyer) to be issued. Maximum 66,000 visas issued annually. In effect these visas are issued to semi-skilled workers. Not issued AGRICULTURAL workers. The present rules for H-2B non-immigrant visas will not lead to a green card, and is issued for LESS THAN one-year of temporary work. (Extensions very difficult and scrutinized). In May 2008 the US Dept of Labor proposed a rule change to increase length of H-2B visa to 3 years which is expected to occur during 2008. When passed, the following rules will generally apply to Guest Workers: There will be a new non-immigrant visa category re designated for foreign workers, the H2C visa. It will be issued for semi- skilled positions that US Employers cannot fill with American workers, e.g. Hospitality industry, factory workers, construction workers, unlicensed health care worker, etc. 1. Non-immigrant visa issuance, 3 years first issuance, one 3 year extension; 2. For 2nd issuance, person will have to return to home country to reapply for another H2C visa; 3. Jobs offered to legal US workers first; 4. Proposed 400,000 annually; 5. Fair and competitive wages; 6. International travel during validity of H2C visa; 7. (Portability) Flexibility to change employers/jobs; 8. Opportunity to apply (individually or thru Employer) for Green Card after 5 years in H2C status 9. Adjustment of Status from the H2C non-immigrant visa will be permitted to a Lawful Permanent Resident (Green Card) status. (This assumes not qualified green card after 5 years as H2C). If the person under the H2C visa qualifies for a green card while working in the US under some other classification, e.g. Family relation or License and there is an “immigrant visa” immediately available, they will be permitted to “Adjust Status”. This means that the employer could file the I-140 immigration petition for the worker for the green card position, the worker would be permitted to change employers, get work authorization to work for the new Employer, and receive the green card interview in the US. The worker would not have to return to his or her country if qualified for a green card as described; 10. The Employer would have to pay the worker the “Prevailing” wage for the geographical area. Generally, what other workers doing the same job are paid. It is not a way for US Employers to pay foreign workers less than they would pay a US worker; 11. The immigration procedures for a US Employer in need of these workers will permit the Employer to petition and bring the workers to the US within months, possibly 2/3 months, from when the Employer petitions the USCIS (immigration department), to when the worker arrives in the US. Has this Guest Worker H2C visa been approved? No Will it be approved? In my opinion, yes there will be a “guest worker” provision included when Comprehensive Immigration Reform is passed.. Will it be approved soon? Not until 2009. Having recently traveled to the Indian cities of Ahmedabad, Mumbai, Hyderabad, Mangalore, Bangalore, Chennai and New Delhi to give seminars to medical doctors on our MD/Nurse Diploma Program at MAPS in St. Petersburg, Russia, I also had the opportunity to meet with many nurses interested in working in the USA. Those nurses with whom I met, and whose files I short-listed, know that there is a waiting period of approximately two years, and longer, from when the nurse starts to prepare for the necessary exams (CGFNS/NCLEX-RN/TOEFL-IELTS) to when the nurse gets to the US with his or her green card ! The lengthy waiting period is the time it takes to prepare and earn the CGFNS Certificate, (about one year) so an employer can petition to bring the nurse to the US with his or her green card. The time from when the Employer files the petition in the US with the immigration department, and when the nurse obtains an immigrant visa and arrives in the US is approximately one year. So, a nurse who is sitting in India waiting to go to the US to work as a nurse with a green card, can expect to be there waiting for approximately 2 years, from when she commits to that goal, to when she achieves it. NEW OPPORTUNITY TO GET TO USA WITHIN MONTHS ! The new Guest Worker H2C visa category will offer nurses the opportunity to get to the US within months, and working with US Employers. Nurses from India are already asking our agents and some of the doctors in our program there in India about the recent news “that nurses will be able to go to the US within months of applying under the guest worker rules”. This is partially true. Nurses (and other workers) will be able to go to the US under the new Guest Worker rules within a very short period of time after the employer applies for them, BUT, they will not be going there under this rule as skilled workers/registered nurses. Options: 1. The nurse can either remain in India while waiting to go to the US with a green card. Approximately 2 years. But, upon arriving in the US, the nurse would start working as a “Registered Nurse” (assuming NCLEX-RN passed), at the higher rate of pay that RNs make; 2. Nurse can go to US as an “Unlicensed” nurse aid/assistant. This position is paid at about half (1/2) the salary of a RN in the US. This is an unlicensed position. Nurse related jobs are listed in declining order of importance/responsibilities and salary: Registered Nurse (RN); Licensed Practical Nurse (LVN); Certified Nursing Assistant (CNA); and nurse aid or assistant. The first three are all licensed or certified positions. A nurse aid requires no test or licensing. Wishful Thinking: Many nurses and their agents believe that the “guest worker” rules will permit a “nurse” to go to the US to work as a registered nurse. Although I would also like to see this happen, in my opinion it will not be possible. Why? Guest worker visas are intended and will be used for unskilled or semi-skilled workers, which are those jobs at the lower end of the pay scales, for which there are no US workers to do the job, and for which THERE ARE NO OTHER MEANS OF LEGALLY GETTING TO THE US TO DO THE JOB. That last sentence will control how those visas can be used. There exists several ways that a nurse can get to the US to work legally. With a green card as you all are aware of, and under the H1-B and H1-C non-immigrant categories. Again, nothing has been passed, but it is my opinion that it will, and will include several points: 1. The H2C visas will be limited to probably 200,000/400,000 each year; 2. They will be for “unskilled or semi-skilled workers”; 3. Skilled workers and college degree professions (for whom there are visa categories for getting to the US to work) will not be qualified for these visas, IF THE JOB THEY ARE TAKING IS CONSIDERED SKILLED OR PROFESSIONAL; 4. Among the jobs considered “skilled” or “professional”, registered nurses will be included, as well as teachers, engineers and computer jobs that require college educations. The change in the rules will make more visas available to the skilled or professional categories; 5. H2C three year duration, with one three year extension for same employer; 6. H2C visa portability; 7. WILL be permitted to “Adjust Status” from the non-immigrant H2C category to Lawful Permanent Residence (green card) while in the US working under the H2C, if they qualify for the green card. So, my opinion is that “Registered Nurses” will not be permitted to use these visas to come to the US to work, if they are coming to a skilled and licensed position as a registered nurse ! It is also my opinion that Persons qualified as nurses in their home countries (who have not had a US employer petition to bring them to the US with a green card based on their having received a CGFNS Certificate), will be permitted to come to the US to take an unskilled job that is in short supply, in many positions, including Health Care. THE OPPORTUNITY Nurse Aids and Assistants As I have written, this is an unskilled position in the US. These jobs are performed for hospitals and nursing care facilities generally. The position is neither licensed nor certified. The rate of pay is approximately half (1/2) that of a Registered Nurse in the US. Often persons are hired without any health care experience (nurse aid), and given on-the-job training and classes to qualify and become certified as a “CNA”. But, they are hired first as nurse aids or assistance, without experience or certification. According to US Labor Department statistics, this position has a turn over rate (replacement rate) of from 50 to 100% annually. Basically, because the lower rate of pay (than a RN, LVN or CNA), and the type of menial work performed, persons only work at these positions for short period of time. It is a common business/industry fact that hospitals and nursing care homes are constantly hiring new nurse aides/assistants to replace those that depart. This type of job is the exact “unskilled” position that the new “guest worker” visa is intended for. There is a chronic shortage of this type of worker, it cannot be filled by US workers, and there is no other immigrant of non-immigrant visa category available to get these workers to the US and working. Will Foreign Registered Nurses be able to take these jobs? I am completely convinced that they will, and I am actively organizing foreign nurses for this very opportunity. A Registered or Level One Nurse in the Philippines, Russia, Mexico, China, India, etc., is not a registered nurse in the US, unless licensed there. As such, if they arrived in the US with a green card, but without a RN license, (e.g. immigrated through a family member) they would not be permitted to take any of the licensed or certified nurse positions. They would only be qualified to work as nurse aids/assistance. What if I already have a CGFNS certificate, or if I am waiting to go to the US with a green card because an Employer has already filed the I-140 petition? I do not believed that those nurses will be permitted to “circumvent” the existing immigrant visa rules, once their “intention” to go to the US to work with a green card is declared. Signing the immigration papers and having the US employer file the I- 140 petition constitutes that declaration. The intention to return to ones home country, or remain in the US permanently is basically what differentiates a non- immigrant from an immigrant. Generally a person cannot have a “dual” intent, to both return to their home country after their non-immigrant visas expires, and remain in the US permanently. There are exceptions to this rule for some professional work visas, dual intent, but they won’t be applicable to these unskilled positions. Thus, if a person goes to a US Consulate for the issuance of the H2C visa, who is waiting for a green card interview, they will probably be denied this non-immigrant visa. Again, my opinion. Further, if a nurse has already received a CGFNS certificate (or passed NCLEX-RN), I do not believe that they will be issued this visa. Why? Again, it would be nothing more than a way to “circumvent” the existing immigration rules and waiting periods. For Example: If issued the H2C visa, as soon as the nurse landed in the US, they could find an Employer to file the I-140 based on either the CGFNS or NCLEX-RN certificates. If there were immigrant visas available for nurses at time of filing, the nurse would be allowed to “Adjust Status”. This means that the nurse could immediately have a US Employer file an I-140 petition, with an Adjustment of Status I-485 petition, which would permit the nurse to go to work for the new employer, get work authorization, and remain in the US pending his or her immigration interview. It would defeat the purpose for the issuance of such a non-immigrant, unskilled visa from the inception. What if a person has only registered for CGFNS, or has not passed all the tests for the CGFNS Certificate? All questions in the immigration interview must be answered truthfully, including this one. Whether the visa officer would issue the H2C or not because a person has applied for the CGFNS certification program is a 50/50 proposition. What cannot be denied is that, a person only applies for CGFNS if they want to go to the US to work as a nurse, with a green card. Will I be rejected for an H2C visa just because I am a registered nurse in my country? I don’t believe so. Why? First, because you are not a registered nurse in the US, and could not accept such a job in the US. Most importantly, because you have not taken any overt actions or steps to become a registered nurse in the US, and go there with a green card. No one is penalized in the US for trying to improve their economic well being. The fact will remain that some day in the future you may take the steps to try to qualify as a registered nurse. But at the time of interview, you will not have registered for CGFNS or NCLEX-RN, nor be qualified to work as a registered nurse, or have a US Employer petition for you to do that licensed job. The only job you could do is the job you are going to the US to do. What you can accomplish through study and initiative once you are in the US will not be cause to deny you this non- immigrant unskilled worker visa. Who has the possibility to be issued a H2C visa to work as a Nurse Aid in US? My opinion is that nurses who have not yet applied or registered with CGFNS have the best chances of getting these visas. Will US Employers pay to bring these workers to the US ? Doubtful. These are not skilled positions. While a US Employer may be in need of these workers, they will not pay “Agents” to recruit and bring them to the US. They will not pay for their airline tickets. They will not arrange or pay to house them. They will not provide them with transportation to and from work. But, what the US employer will do, is ”Petition” the US immigration department to get the worker a visa to come to the US to work for them. They “May” pay the filing fees for the “immigration processing/petitioning” in the US to file their H2C petition. How can a nurse get an American hospital or nursing home to petition immigration dept for one of these visas? As I have written, these are unskilled jobs. Very similar to the types of jobs “Labor Contractors” in India, the Philippines and Pakistan take workers from those countries to Saudi Arabia and UAE to perform. The standard arrangement for an Indian worker to secure one of these jobs through a Labor Contractor (official, government licensed) is to pay the Contractor to secure them the job, and pay their own costs (visa cost, airfare) to the country where they will work. The worker recoups those costs from what he or she earns from the job the agent arranged for them. The Agent in the country where they will work meets them, arranges for their housing, and takes them to the place where they will work. The worker is responsible to pay for his or her housing and transportation to work, but the US agent will arrange and provide those things on behalf of the worker. All costs paid by the agent are reimbursable by the worker to the Agent. What are my advantages to going to the US to work as an unlicensed nurses aide? 1. Arrival in US with work visa within months of Employer petitioning for worker; 2. 3-year (+3) work visa with petitioning employer; 3. Earning a “good” salary immediately upon arrival in US; 4. Learning how to live and function in US; 5. H2C will itself lead to green card; 6. Ability to take necessary CGFNS and NCLEX-RN tests while in US; 7. By passing NCLEX-RN, can “Adjust Status” to Permanent Resident, and remain in US working as “registered nurse” while waiting for green card interview; 8. Able to change employers if “Adjusting Status” from H2C to permanent resident. What are my disadvantages to going to US as unlicensed/uncertified nurse? 1. Lower pay as nurse aide, until one can pass NCLEX-RN; 2. If nurse goes from home country to US with green card, US Employer pays airfare and “agent” for placing nurse. If the nurse goes with H2C visa, nurse must pay contractor in home country to get you the job, and must pay “agent” in US for his services once the worker arrives in US and starts working. Which nurses will your company accept to work in the “guest worker” program? 1. Must be registered nurse in home country. Mexico must be have bachelor degree; 2. Must be “educationally” qualified for CGFNS, but not have “registered” for EITHER the CGFNS Certification Program, or for the NCLEX-RN exam; 3. Must have a minimum average score of 5.5 on IETLS exam; 4. Must have 4 years working experience in nursing; 5. Must pay our associate agents in your home country for his services; 6. Must pay our company for our services once you arrive in US and are earning money Note: If a nurse who “had” in fact registered or earned a CGFNS Certificate denies this to a Consulate officer during the interview in order to get a H2C visa, that statement will become part of his or her permanent record. This will constitute visa fraud. It could serve in the future to deny the green card. What are my financial and contractual obligations if I agree to go to work as “guest worker”? 1. Nurse must pay all expenses in home country to agent; 2. Must pay own air fare to US; 3. Must pay our organization a monthly “Administration Fee” of $?? per month while working under the H2C visa for petitioning employer; 4. Must register and pay for the CGFNS Certification Program within 90 days of arriving in the US under H2C visa; 5. Must obtain a passing score on the English tests required for CGFNS Program; 6. Must register and pay for NCLEX-RN after passing CGFNS exam; 7. Must enter into a contract with our company, PMT, immediately upon arriving in the US, to be your “exclusive representative” for preparing for the CGFNS and NCLEX-RN exams, for placement with a US Employer (can be H2C petitioning Employer) as “registered nurse” under 3 year contracts with the petitioning (I-140, I-485) US Employer, and to perform all immigration procedures on your behalf; 8. Must pay own housing, food and transportation expenses. (We will place you in shared housing, 2 persons per bedroom, common living area and common kitchen area, and provide transportation to and from your place of employment as necessary. Shared costs to you); 9. Must agree to permit Employer to make “Automatic Payroll Deductions” from your paycheck to pay for our “Administrative Fee” (No. 3 supra), and living costs. What is the purpose of my going to the US to work as a “guest worker”? You will notice that we are working with fully licensed and experienced nurses, who are educationally qualified for the CGFNS and NCLEX-RN exams. The purpose of our program is: 1. To ultimately get you (and your family) a green card; 2. To get you to the US as soon as possible (months not years), and get you working and making money at the earliest; 3. To get you working in a “heath care” environment in the US to gain knowledge and experience in the health care industry; 4. If you do not have the minimum IETLS 6.5 score, to get you working in the US to raise your score to the minimum cut off score; 5. To prepare you for your CGFNS and NCLEX-RN exams while you are in the US working and making money; 6. As your exclusive representative in the US, to locate you a good paying position as a registered nurse with a US Employer, once you pass your tests; 7. To do the necessary immigration work to keep you in the US, and working, with the Employer for whom you will work as a RN, without your having to leave the US. This means that once you qualify to be petitioned by a US Employer (I- 140 filing), you will be able to “Change Employers” (if different from H2C Employer), and work for your new Employer as a registered nurse, remaining in the US for your green card; 8. To represent you all the time you are in the US, with all matters having to do with your employment and legal immigration status, through your getting green card status. Guest Worker H2-C Visas do not presently exist! But I am completely confident that the law to permit these workers to come to the US will soon be passed. The number of these visas will be limited, probably about 400,000 annually, possibly less. Employers will be applying for these visas from every state in America, for people from most countries of the world. The jobs are not only for nurse aides/assistants, but also for all unskilled jobs in short supply, in all industries. In anticipation of the law being passed, and to be prepared to make sure our clients are some of the first applicants for the visas, I am presently having my associates/agents in Russia, Ukraine, Mexico, Belarus, Costa Rica, Pakistan, China and India short list qualified nurses. If you are interested in a future in the US, but prefer to wait for a green card while living and working legally in the US, rather than your home country for 2 years or longer, then this opportunity may be for you. If you are interested in working in the US as a “nurse aide”, then taking the necessary steps to pass the CGFNS and NCLEX-RN exams to work as a register nurse, then getting your green card while remaining in the US, then this program is for you. I have agents in many countries. You should contact them directly. Their information is found on our web site at www.mdnurse.com at the left hand index, “Contact Us”. You can also send me a message at rudy@mdnurse.com and I will refer you to an authorized representative in your country. It will cost you nothing to prepare, or be short-listed. You will simply have to prepare your resume (detailed for work experience), attach a recent photo and submit to an agent. You can start to organize your records and school transcripts at any time after you submit you resume and picture. Here in California, I am actively in the process of arranging employment with hospitals and nursing homes to make job offers for nurse aide/assistants. My understanding with the US Employers is that I will provide them with their required nurse aides. Once in the US, and the nurse qualifies to be petitioned by a US Employer as a Registered Nurse (green card), the employer who petitioned for the H2C visa will have the first opportunity to make the nurse the job offer to work for it as a RN. If the nurse changes Employers to work as a RN, I will supply the original (H2C petitioner) with another foreign worker, nurse’s aide. This document has been updated, is being posted to my web site, and sent to my representatives during March 2007. I intend to be fully prepared to submit the immigration petitions on behalf of the employers, and possibly you, as soon as the law becomes effective. To do so, I need your resumes at the earliest. NON-HEALTHCARE WORKERS The rules for H2C Guest Workers apply to all types of workers. We do not work with agricultural workers or obtain visas for them. These workers are covered under a separate visa category and procedure. All proposed rules discussed here apply to non-health care workers, e.g. factory, gardening, construction, etc. HOUSING IN THE USA: WE GIVE PRIORITY AND PREFERENCE TO ANY APPLICANT FOR AN H2C VISA THAT HAS FRIENDS OR FAMILY IN SOUTHERN CALIFORNIA, WHERE YOU CAN LIVE. WE MUST ARRANGE AND PAY FOR HOUSING FOR EACH OF YOU, WHICH YOU MUST PAY US IN ADVANCE THROUGH OUR AGENTS. ALL WORKERS WILL LIVE IN SHARED HOUSING, TWO PERSONS PER BEDROOM. THE PERSONS LIVING IN THE HOUSE WILL BE RESPONSIBLE FOR ALL COSTS OF HOUSING. THE HOUSING WILL BE EITHER A SHARED HOUSE OR APARTMENT. WE MUST FIND HOUSING FOR YOU, AND HOUSE ENOUGH PERSONS “TOGETHER” TO FULLY OCCUPY THE RESIDENCE, IN A GEOGRAPHICAL ADDRESS CLOSE TO ALL YOUR WORKING PLACES. WE MUST SUPPLY MINIMUM FURNISHING. OBVIOUSLY THIS WILL TAKE TIME TO ORGANIZE FOR A GROUP. YOUR LOCAL AGENT WILL TELL YOU THAT FOR SOME JOBS FOR WHICH WE WILL HAVE AN H2C VISA ISSUED, REQUIRES THAT YOU ARRANGE FOR YOUR OWN HOUSING Friend or relative in Southern California: If you have a friend or relative in the Southern California area, with an address where you can live when you first apply for the H2C visa we can help you. If the person or family member you know in Southern California can also help you with a job where he or she works we can help you. If the person or family member you know in Southern California can also help you with a job, and a ride to and from where he or she works we can help you Contact our agent/associate in your country and supply them the contact information of your friend or family member in Southern California. Contact your friend or family member in Southern California and tell them about us, and ask them to personally contact us with your full name, date of birth and country. We’ll work with them to get you to the US legally. Your friend or relative in the Southern California area must make contact with us at our office by going personally to the office, or by phone. We will not contact your friend or relative in the Southern California area on your behalf. No exceptions. Respectfully, Rudolph Mosqueda, Esq. Copyright © by R. M. Mosqueda, June 2008 |
| 2009 US PRESIDENTIAL CANDIDATES Republican Senator John McCain; and Democratic Senator Barack Obama Both actively supported Comprehensive Immigration Reform http://politics.nytimes.com/election-guide/2008/issues/immigration.html The Secure Fence Act: http://www.whitehouse.gov/news/releases/2006/10/20061026-1.html The physical securing of the fence is due for completion in 2009. The implementing of the EMPLOYMENT VERIFICATION system continues in 2008. We can expect to see Comprehensive Immigration Reform, including Guest Worker provisions when the new President takes office. |