Immigration Q&A Session
Hi, everybody, and welcome. It's Friday, so it must be Connetics USA weekly show onwards and upwards, everything that a nurse or healthcare worker needs to know about coming to live and work in the United States. My name is Tanya Freedman. I'm executive officer of Connetics USA and I have with me Anchu. Hi, angel. Welcome. Hi, everybody. And also Mike. Hi, Mike. Welcome. Hey, guys. And today's topic is our legal panels question and answer session. So this is the time, everybody. If you are a nurse sitting anywhere in the world and you have a legal question, you have in front of you the best legal minds in the country, and they look at Mike's face and they will be able to help you with any of your burning questions and answers about the immigration process, about coming to the United States. So if you are watching right now, please put into the chat what your name is and where you are watching from. We love to see everybody from all over the world. And I literally have reams and reams of paper in front of me of questions that nurses have sent through over the last few days to ask the legal experts. And we're going to get right to it now and start asking the questions. If you have a question for Mike or for Anshu, please put it into the chat. And I will try and get through as many questions as we can in the next hour. So I see we have Leo watching. Brendz is watching from Philippines. Please, if you're watching today, put into the chat any questions you might have and where you are watching from around the world. So before we get started, Mike and angel, if you want to maybe give like a 32nd introduction about your background, let's start with Ancho. Sure. Hi, everyone. Good morning. My name is Anshu Anand. I am an immigration attorney. I've been practicing for about ten years now. My practice is primarily in business based immigration. I work a lot in the healthcare and It sectors. And our firm is based out of Cincinnati, Ohio. Thank you, Mike. Go ahead. Yeah. My name is Mike Hammond. I've been practicing for a little bit longer than Ancho, but not much longer, just a tiny bit. And I also do a lot of health care work. And we're also based in Cincinnati. Anshu and I are about five blocks away from each other. Okay. So you can wave through the window right now. Well, we can we're on different sides of the buildings from each other. We couldn't really see each other, but we could get close. Okay. So you can wave through the Zoom the screenshot.
Okay. All right. So let's get started, everybody. As I said, if you are just joining us now, please put into the chat what your name is and where you're watching. We love to see everybody watching from around the world. And please put in your questions and answers your questions for the expert immigration panel. I'll try and get through as many questions as I can. Ok. So first question for the panel is a question from Claire. Claire is asking if an aged or dependent on an EB three is issued an immigrant visa, is it a guarantee that he will be granted the green card once he or she flies to the United States? So Anshu I think that question is obviously somebody who didn't think their dependent was going to get through and got a visa. What is your opinion on that one? Well, I mean, if they've already received a visa from the US Embassy, then obviously the conflict officer has already gone through the process of ensuring that the individual didn't have an age out issue. And so in my opinion, as long as the age out child travels within that 180 days and comes into the US, I don't anticipate an issue in getting the actual green card once they arrive. Okay. Do you ever see that happen, Mike? And feel free to join in where a child you weren't sure was going to get the visa and they got it. Have you seen that happen?
Sure. First of all, there's something called the Child Status Protection Act that is designed not necessarily when you're 21, you're 21, plus the number of days that the immigrant petition has been pending. There are circumstances, too, that often the consulate or the USCIS office will take into account your age is locked in. And even though that may or may not really be a legal concept, that's kind of how they approach it. If you've had a prior petition, we've seen a situation where it appears to us that the only thing the Consul could have done is added the dates up of both of your I 140 pending, even though that's not legally really relevant in the CSPA formula. But we've certainly seen it. I personally think the consulates do what they can within the parameters of the law to try to protect aging out children that are close. And we've seen some that if I were, say, auditing their files, I'm not positive I could come up with a good legal reason why they chose to do it, but it could be an area where they have some discretion. So we certainly have seen that. But I agree with you. If you got it issued by the consulate, they're not going to question as long as you enter within your time frame. Okay, good. Okay. So clear, you can relax, you can rejoice because it looks like your child is coming with you to the United States. Maurice has a question. I have waited for a year for an I-140 Adjudication, but got an ref. So for everybody listening, it sounds like Maurice had an I-140 that didn't have premium processing. And Maurice's question, what should I do next? What document from the nurse does the USCIS usually need, Mike? Well, it depends on what the RFE asks for. The RFE could be something that's directed at you, the nurse, or it could be something that's directed at the petitioner, the employer that's sponsoring you. Or it could be a combination thereof. So if it's a common one, we might see for asking questions of the nurse would be for better experience letters, more complete experience letters if experience is required. In that case, sometimes they'll have questions about maybe you don't have the official inquiry pass letter. Maybe you simply got a letter from one of the state boards who you tested through saying that you passed. So maybe they'll want the NCSBN letter. Those are probably the most common ones we see relative to on the nurse side. But essentially, the attorney that's handling your case for your petitioner will reach out to you if they need something and say, here's the three things we need or whatever from the petitioner. It could be a whole variety of things. It could be asking for corporate documentation, it could be asking about the posting, it could be asking about do you really need our end? There can be a whole series of stuff, some of which are really simple to answer, some of which, frankly, are much more complicated to answer. And the timing of an RV right now, there's an end date, which I believe is 84 days or something. Does that sound right? Yeah, but there's also an extra 60 days for COVID. That's been in effect for two years now, and it's still in effect. So there is a deadline for RFEs, and oftentimes companies appears your case was not filed as premium to start with. Often companies, if there is an RV and they think they can get a quick positive answer, will upgrade it to premium as part of that RFE response. So that's something you may want to request. And then the RFE response takes on the premium rules, which is 15 business days. So essentially two to three weeks. Okay. So that's really good advice.
Mike and Maurice, it might be a good idea to speak to your petitioner and see if they would want to do premium processing for you to be able to get your answer quicker. And for those people who are not as familiar with the process, can you maybe just explain a little bit about premium processing, how that works, and just elaborate on if you get an Rec how premium processing might assist? Sure. So premium processing is exactly what it says. It's a way to expedite your case at the I-140 stage. And so it's really at the discretion of the employer, the petitioner, if they want to premium your case because there are additional fees that are involved. And so once the case is filed, and if it is filed, premium processing, you can anticipate a response, whether it's an approval or an RFE like Mike mentioned, within 15 days from the government. And so if an RFE is issued, then you would have to get the documentation together. Your employer would have to get the documentation together with your attorney. They would respond. And what would happen then is that the 15 day clock would actually have to restart. And so just like Mike mentioned. And so I always want to kind of reiterate that because I think a lot of times candidates think that as soon as the RFE response is filed that they should have a response within a day or two. But the reality is the clock resets itself. Okay. Thank you for that, Clarification. And just for everybody to know, if you are sponsored through Connetics USA employer, all the employers these days do premium processing. Pay premium processing.
So if you do get an RFE, don't panic because hopefully we'll get it resolved quickly. As Mike has also mentioned, sometimes it can be very simple. The RFE. I know often nurses, just when they get an RFE, it's like, oh, my God, this means I'm not going to go to America, ever. And I'm kind of like in a tail spin. It's often something that's easily resolved. So please don't panic and speak to your agency and your lawyer about that. Okay. I'm going to take some questions from the chat. So I see Leo saying Hi. Brenza's from the Philippines, Patricia from the Philippines, GB from the Philippines. Maxi has a question. I read about USCIS processing updates. Want to verify if I have an I-140? Premium processing is now two weeks. I'm an RM from Ghana. So, Maxi, I think we just answered your question. So good news on that. I hope I've got that right. Is watching from South Africa, my home country, Cofela. So welcome. Luby from Nigeria. Nash is saying Hi. Max is asking what are the documents required for the nurse aid program? And can you talk a little bit about nurse AIDES? Sure. So nursing AIDES, they go through a similar green card path as registered nurses. The only thing I would say is for the registered nurses, there's usually a two step process, right? It's the filing of the I 140 and then going to the consulate for your interview. Nursing AIDES. In fact, they have an additional timeline that's attached to them because they have to go through the labor certification process. So if we're saying that a nurse takes about twelve months to come here, add an additional nine months to a nursing aid application. Now, with regards to what documentation you need to prove for the nursing aid, it just really depends upon your petitioner and what their requirements are. And so I know there are some nursing aide positions out there that require like six months of experience in a health care setting. There's also other nursing aid positions out there that don't require any experience and just maybe a high school diploma. So it's going to depend on the employer one and then just again, keep in mind that timeline is a little bit lengthier than a typical schedule A case. Okay. Thank you, Anchor.
And if anybody is interested in an RN position or a nursing position or Med tech position, any of the allied healthcare worker positions, please apply to the Connetics website and our team on hand right now to help you with any positions that you might have. We literally have thousands of positions all over the United States right now, all direct high, which is very exciting. And there's enormous demand for nurses right now, health care workers, nurse aide, allied positions as well. So please go ahead and apply online before I forget, please, everybody stay on until the end of the show because we will be announcing the NCLEX winner of our scholarship. So please stay on to see at the end of the show if your name is drawn. Connetics USA have our NCLEX scholarship. It's our way of paying it forward for nurses where we pay for nurses to do the NCLEX course and also the application process. And we're very excited today because we have a raffle where we will be announcing the winner of the person who we will be paying for their exam costs as well. So if you're in the NCLEX scholarship or interested in the scholarship, please stay on until the end of the show. Okay. Jimmy essay is watching from Riad. Rosel is asking can I transfer my case to a different embassy while my dependent is on the current embassy? Mike? Yeah. It depends upon your relationship to the country and the embassy you're looking to transfer to. So if you are working in a country and have a relationship with that country, then you can transfer to that embassy and the embassy transfers are basically up to the discretion of the embassy there. So if you've got a long term visa and you're working there for two years, you're going to have no trouble getting that embassy to transfer you. Obviously, your spouse cannot be processed until after your process, though. So I would in a situation like this where generally you and your spouse are going to get approved together in a situation like this, that would not happen. You would be approved first, and then I would frankly expect a pretty significant delay for your spouse because I think the communication to the embassy where your spouse is at saying, hey, now you've been approved will not be seamless and will not be quick. It could be, but I would certainly guess that it will not be. So normally, we try to keep families together as much as possible, but sometimes it's impossible to do. You're on a work assignment in Australia for two years or Singapore, and your spouse doesn't have authority to enter there or whatever. So it does happen, but in most cases creates delays. So typically prefer not to do that way possible, right? Yeah. But in today's climate, because for example, the Philippines are so backed up. There's a lot of people who are extending assignments at different places across the world. And so you're going to get your embassy done, but maybe your spouse has no way to get there. And it kind of creates almost like a follow to join scenario where you're coming to the US first and going to work, and then your spouse is going to come later because that's likely going to be the practical effect. Okay. All right. So there you go. Racel. Jennifer is saying another great show. Thank you. Jennifer Rain is asking, Hello, Connetics family, what are the factors? Why it really takes time for my case to be transferred from USCIS to NVC? Answer. This is a question that we get often. Many nurses feel very frustrated and impatient with the process when they get an I-140.It's like, oh, yes, I'm there, I'm on track. And then there's a delay waiting for the NVC. Can you talk a little bit about the timing there? Sure. So normally when an I 140 is approved, it takes approximately about 45 to 60 days for the case to get transferred to the NVC. And I've been seeing that. I think part of the issue really with the timing element and the delay is that not all offices are really working at full capacity. And so I think we just have to be patient to understand that things are starting to get back on track. But that even the NVC, I don't think that they're working at full capacity yet. So that's probably one of mainly the reason that you're seeing that delay. But I am seeing cases transferred within 60 days. Yes, I would agree with you. And you, Mike. I don't know what your experience has been. Typically, you would look at that kind of time frame, and then during the pandemic, we did see some delays, but it seems to be edging to the more positive side. Again, Mike, what is your experience? No, I would agree. And I think that there are always exceptions. They're filed to get lost, but most cases move along. That normal processing guide. Good. Okay. And I see Nash had the same question. So there we go. Nash, we've just answered your question. And keep the questions coming, everybody. I'm going to try and get through as many as possible in the next what are we like 45 minutes or so? I know that this process is very frustrating. It's very long. It can feel very overwhelming. You're not sure where to start, where to go.
And I really encourage everybody to put your questions into the chat and also go to go to the Connetics USA website. On the Connetics USA website, you will find our success path. The success path is really a great way for you to kind of understand the process when you're coming as a registered nurse, what are the steps that you need to get to from the beginning when you pass the NCLEX to number seven, which is where you enjoy and prosper and you've arrived in the United States and you'll see number three right there is the visa framework, which is what we're talking about right now. So it kind of gives you a great roadmap of how things fit together. Brims is asking any update about the backlog in the US Embassy, Manila after documentary complete, how long it will take to get an interview date. Aren't you Manila again, I always want to say I know we're specifically talking about vanilla, but it really is dependent upon the embassy. But with Manila, I'm seeing still cases from 2020 that are being scheduled interviews. So I think if you're within a five to twelve month timeline, that's normal. I think if your case has been pending for over a year, I think that's where I would encourage you to get in contact with your employer and your recruiter so that they can maybe put in a request to see exactly what it is that's going on. But what we do know is that the Department of State is trying to make the backlog in vanilla a little bit less. They are working on it. In fact, the White House tried they've actually said that they want to make healthcare recruitment a priority and they are trying to work on that backlog. There's definitely different organizations that are working behind the scenes, like the AAIHR which a lot of us are actually I think all of us are members of, and I think they're working behind the scenes with the Department of State specifically about Manila. So I know that's being kind of really targeted right now, so just kind of keep help everybody. I do think the numbers are better from quarter four. So quarter one of 2022, I think are much better than quarter four of 2021. So I think that alone should just give everybody some hope that things are moving along. Yeah, I agree 100%. That's a very similar trend to what we're seeing right now. Mike, is that what you seeing as well with the delays of the consulate? Yes, no question about it. But there is still a major backlog there and it just will take time for them to get through it. But we certainly saw major improvement in first quarter of this year. As I understand it, under Secretary fairly high level position from the Department of State is either down to Manila now or on their way to Manila to observe and try to work on the backlog. And my suggestion was they should man a window for a while, and that would help. But I assume they're going to just typical government. They'll review and go, oh, the line is really long. Let's see what we can do. Well, good that that action is happening absolutely better than it was six months ago, 100%. We are seeing way more cases coming through. So definitely the trend is moving in a positive direction. So that's encouraging. And as Andrew said, the thing just to mention from a Connetics USA perspective is, yes, obviously, we want our nurses to be expediting their cases, but also there's a lot of intervention, as Anchor said, from the AAIHR perspective. And we are all members of that, Mike, and anchors firm are all members of that organization. And there's been a lot of good input that's come from that. We also have many of our employers right now working through their local congressmen, and we're seeing excellent results in that regard as well. So that has really been very helpful. So it is frustrating. We know that it can feel very hopeless and just very upsetting, but know that there's a lot of action being taken right now to get cases expedited and get over this backlog that was caused by the pandemic.
Okay. Juno has a question. This is a question that comes up every month. What about Indian nurses, those who have the NCLEX? Mike? Well, the easy answer is sad but true. I don't think there's any opportunities. I think the retrograde align for India is so long that it would need a legislative change in order for there to be any realistic option at a new position. Okay. So hopefully January, there will be some legislation change, and then Indian nurses can come through to the United States. But if you are an Indian nurse and you have a previous priority date, please apply to Connetics USA, and our team will be happy to help you. And should you want to explain to everybody what a previous priority date means, sure. So if you had a previous employer that filed an I-140 immigrant petition for you, once the I-140 is filed and the case is approved, you're given what's called a priority date. And the priority date is important because the Department State has a quote on the number of green cards they issue. And so every month that visa bulletin kind of moves back or they move forward. And that priority date is important because that actually puts you in queue and lets you know where you are in terms of becoming current and if an immigrant visa is available to you. And then I just would like to add one more thing about the Indian nurses. So one thing that I also see is just the idea of cross chargeability. If you maybe are married to someone, I always say, like France, you can always tack your prior. You can tag their country of birth to your application. And so sometimes instead of having to wait that 1012 year wait, if all other category is current, then you also become current and therefore an immigrant visa is available for you. And then you kind of move a little bit quicker through the process. Okay. Thank you for mentioning cross chargeability at you. So that is definitely an option if you are married to somebody who was born in another country other than India or China. Okay. I have so many questions here, I don't know which one to ask first. Honda is asking similar questions. I'm an Indian born RN with a bachelor's degree, Canadian citizen. Can I get the TN visa? Ma'am, Mike, yes. You're a Canadian citizen. It doesn't matter where you're born, you can get a TN. However, when you're being sponsored for a green card, you're still going to be in the Indian line. So even though you're a Canadian citizen, you remain charged to country of birth. So a lot of nurses from India who are Canadian assistants are choosing to go the TN route but are not necessarily viewing it as a green card option. But yes, TN, there's no problem. It's easy to obtain a TN. Okay, so there you go. Honda. One thing to bear in mind is we have a question here from Maria, who's asking? I'm coming on a TN visa. Can my spouse work? Aren't you? The spouse would actually have to apply for an employment authorization document to be able to work for a TN visa. Once they come into the US, they have the automatic ability to work, whereas with the TD, which is the dependent view that they would have to apply for authorization. Okay. If your spouse is looking to work in the United States, then I would suggest you check out the list of occupations that qualify for the TN visa because, for example, if your spouse is an engineer, they might be able to qualify to get their own TN visa. Ma and Patrick are asking about the timeline. So we've covered that question. Aileen is watching from Saudi. Aruna is watching from Ghana, Eldrin from Fort Myers. Mark is also asking about the timeline. So we've answered that question. Christian is asking how to become a scholar in the Connetics Nurse scholarship. So, Christian, that's a great question. All nurses are qualified to enter the scholarship. Please go to Connetics USA website and apply. And if you have not yet passed the NCLEX, our team will evaluate your background and see if you might be eligible to apply for the Connetics scholarship. And there's some exciting news coming out on the scholarship. We are actually going to be broadening the scholarship as well in the coming weeks and months. So stay tuned for that. But anybody who's interested, please apply. We'd love you to join the scholarship. We're getting great results.Many people passing and being able to be sponsored for schedule their green cards.So please go ahead and apply, Christian. Okay. I'm just seeing if there's any questions here that we haven't asked. Ricky is asking it's mentioned about certified copy of birth certificate for embassy interview. My certificate is printed from the website of the state. Is it considered an original? If not, who is eligible to certify it as a true copy? Mike, what country are you from? Can we get in I'm not sure. Okay. It's hard to tell. So the way the rules work about what's acceptable for a birth certificate or a married certificate or anything else depends upon the country. And so there's a whole big long catalog list called the Foreign Affairs Manual that basically says if you are from this country, this is what you need. And so we need a little more information to determine that what you have is sufficient. But the attorney you're working with will be able to do that pretty easily. And keep in mind, the consulates in the country where you're getting visas are very familiar with the circumstances and documents of documents and birth certificates and records from that particular country. That's where they work. They are very well tuned into that. And so if that would be considered a certified original copy, then it is. The fact that it's a copy isn't necessarily problematic, but it does vary by country. Thank you. Mike Jinky is watching from the UAE Brands. Is Angelo watch this video? Oh, there we go. Brenz is paying it forward and telling a friend or colleague to watch this video. Please, everybody, tag your friends and colleagues. This life every week is our way of paying it forward for nurses just trying to serve you and help you. So please tag your friends and colleagues and get them to watch as well so that they can be informed on the immigration questions that are on everybody's mind. Jason is asking we get this question every month. Answer any predictions about retrograde in 2022? In 2022? No, not really. I think if you look at the visa bulletin right now, it's still favorable for the Philippines and the worldwide EB3. Unfortunately, it didn't really move forward for China EB2, China EB3, or India EB3. One thing we did notice was that there was language at the end of the visa bulletin that kind of hinted at possible maybe retrogression. But just in our analysis, we think that the Department State likely placed that language there because there are so many green cards that are being issued right now. And so I think what we anticipate is that there's just going to be a slowdown in the summer months just so that we can continue until the new fiscal year so that there is no retrograde. Okay, well, hopefully no retrogression is what we're going to get. Anna is asking how much is the lawyer's fee for nurses independence? So, Anna, just to answer that question, typically in the Connetics USA model, the employer will pay for your petition and for the lawyer's fees and you would be eligible would be required to pay for the dependency. And I think you might be referring to the fee bill, which is $345 per person. Okay. Marine is asking I would like to know regarding my petition that has been filed as a main applicant and my spouse as a dependent. Back in 2018, my husband filed for his petition unemployment and kept me as independent. But still, we didn't get any response after the consulate interview in July 2021. So I'd like to make sure that it doesn't affect my case. So it seems like in this case and her husband had a petition which for some reason didn't go through and now has a new case. Mike, do you think that's going to affect Marine's new case? Potentially, because the circumstances of any prior immigration filing are going to be taken into consideration in any new subsequent file. So depending upon why your case from 2018 did not move forward would impact your new case in 2021. Now, if the case in 2018 didn't move forward simply because maybe the position ended, the sponsor pulled the sponsorship opportunity or something like that, then it will have no effect. But if there was something that came up during the interview that may be problematic, then certainly they will take a look at the 2018 case. Okay. And even if it was her husband's case, not her case. Right. Okay. All right. There you go.
Marine Jeff is watching from Georgia. Hi, Jeff. We're so excited that you're here. Jeff is a very avid watch of the show. Okay. Wow. So many questions. I'm like looking. Okay, we've got a question from Namita arrived in the United States on January 9, but the officer did not take her visa package. And now it seems that her green card is delayed. What should no need to do in that case? Well, I think there's two options. One, she can either go back to the Port of entry that she came through and maybe try to talk to an officer there or maybe even go to deferred inspection, which it's like an office that when you have problems coming into the US, they sometimes can help clear up these kinds of issues. So I would recommend either one of those either going back to the Port of entry that she came through and trying to talk to someone there or deferred inspection. Okay. Thank you for that. So just one word of advice, Mike. If somebody comes through the border and the officer doesn't ask for their visa package because it does sometimes happen, what should they do? They should politely and kindly and very patiently offer the visa package to the officer in a very kind way, not in a hey, you forgot to ask me of this. Okay. Got it. We have a question from Jacob. Jacob is asking what happens when in the immigration process my passport gets expired, aren't you, during the process? Well, I think the main thing is just you need to go ahead and make sure you put in place like a renewal of your passport. I think let's say if you were to get to the embassy interview, because I'm not sure where in the immigration process he's referring to, because if it was at the I-140 stage, I would be okay with just filing the case and then indicating that renewal was in process. But if you're at the embassy stage, you would just want to show that like, hey, I've applied for a renewal of my passport. I'm just waiting for it to take that documentation showing that you put in the renewal. And what may happen is that the officer will not issue your visa. Then they'll issue the visa once they get your new passport. So the main thing is just go ahead.
No matter where you are in the immigration process, you need to go ahead and get that renewal started. Okay. And good advice is best practice is that if you are a healthcare worker looking to come to the United States, make sure that your passport is valid and that it's not going to expire anytime soon. So that's just best practice. Good advice. Mike, we have a question here from Nurse Juan. Nurse Juan has a question about buying out a contract. So sometimes the question is, can it affect my citizenship if I come to the United States on a green card with an employer and after a few months buy out that contract and go work for another employer? Theoretically it can. The USCIS, as part of a naturalization interview, is going to look at your history of immigration, how you arrived, did you work for that company? The key is that you need to have an intent when you're coming into the US, your intent is to work for that employee that sponsored you, and the employer has to have the intent of actually employing you in that particular role. So if you leave after only a month or two and pay out a buyout, it certainly appears that maybe you didn't really have the intent to work there, that maybe you simply were using this employer as a way to immigrate to the US with the intent to simply pay some cash so that you got out of that commitment. Now, there are other circumstances that could have changed. Maybe the employer didn't place you in the role that they said they're going to place you in. Maybe they're working you as a nurse's aide and not an RN. Maybe they put you in Buffalo, New York, when instead they said you're going to be in sunny Fort Myers, Florida. That would be back to that would defend your position of, hey, I left, I intended, but they kind of breached the contract. But it is certainly something that you want to keep in mind, especially in the first few months, I would say after six months probably not an issue at all. But in the first several months, I would say that is at least a potential for issue. Yeah, I think that is something very important that nurses need to bear in mind. And we always say kinetics is when you enter a contract, a commitment with an employer, you have to think of that as a marriage. It's a commitment. They're spending a lot of money. They're waiting for you. It's a big investment on the healthcare facility side, and you need to show that same commitment. So don't sign anything if you're not sure that that's what you want. There are many employers that are sponsoring right now, and it's really important, I think, for all health care workers to take that commitment very, very seriously. As Mike said, it can affect your citizenship when you come to apply for citizenship after five years in the United States. Okay, we have a question here from Christina. Christina is asking, do you provide H One visas for nurses through Cap exempt? Anshu H One B visas through Cap exempt? No, I haven't ever actually worked on H One B visas through Cap exempt. I'm not sure if Mike wants to add to that. I haven't ever. I don't think that they're eligible for the Hobb. Mike. Yeah. For most RNS, you don't qualify for an H One B. Whether it's a Cap exempt employer, whether it's not. order to get an H One B, you have to prove that not only do you have a BSN in this situation, which is probably easy, but you have to prove that the job that you're filling also requires a bachelor's degree. And the standard in the US in every state is simply an associate's degree to get a license. The standard in the vast majority of hospitals. There's only a handful of hospitals that require a BSN for employment as an RN. There are some positions, like some nurse educator type positions, that would qualify for a bachelor's degree. Generally, those have master's degrees, even though but I would agree that generally speaking, an H One B is simply not an option for a nurse. So the issue of finding a Cap exempt employer is kind of a move point. They don't have any special rules for H One B for RN. They simply avoid the lottery. That's all. Thank you, Mike, for clearing that up. Nor, Petechi is asking, is the IELTS easier than the TOEFL? Not really. Specifically an immigration question, so I can maybe answer that. I'm not sure if the ILC is easier than the TOEFL. I think they're both quite difficult exams. We do tend to see that most nurses these days take the IELTS exam for various reasons. And one thing just to mention is that Connetics USA have an IELTS scholarship. So any nurse that is placed through a Connetics employer Connetics pay for an ALS course. So we know that most nurses are more worried about the IELTS than the integrity exam. It's more stressful and causes a lot of anxiety. So the good news is that we do have an IELTS course. We have had enormous success with that course. I would encourage anybody to look at our social media, at our website, at our YouTube channel, and social media, look at some of the IELTS, hero interviews, I always quote Bert. He's one of the connetics nurses. He failed the IELTS seven times. He then came to Connetics. He did the IELTS course that we provide free of charge for all Connetics nurses. And he passed with an 18 speaking and seven overall higher score than it's even required. So for anybody who is worried about the IELTS, please check that out because I think you'll find it very encouraging and inspiring.
Okay. David is asking for a friend. Does the US Department of labor do anything to fast track the prevailing wage determination perm schedule A process backlog, aren't you? Unfortunately, I think that's a wish on everyone's wish list. Unfortunately, right now the prevailing rate determinations are taking about six months. So there is unfortunately no way to fast track that. There's just no way to be able to fast track that or expedite it in any way. Yeah. And that's where from outside, we used to have nurses interview with employers before the prevailing wage came back, before it was like two months or three months. But now from outside, we don't actually do that when our nurses interview, the prevailing wage is already back from the Department of labor, as Anchor said. Unfortunately, there's no way at this time to expedite that piece of the process. Brian has a question. If applying from Canada, is there an advantage of applying for TNB the first, then applying for EB3, or is it better to just apply for the EB3 directly? That's a good question. We get often. Mike. Yeah. I think there's two different perspectives to this. From an employer's perspective, they would prefer for you to do a TN because you can come in and work next weekend kind of a thing, possibly for your family, that may not be the best route. Maybe you have a spouse who desperately wants to work and they're not going to be able to work on a TD. Maybe they don't qualify for any of the other work visa options. And so you may say, we don't want to be in the US with my spouse. And so there you're going to need an employer who is going to want to file for your EB3. So I think this is a part of the circumstances on your part. Also, you have to keep in mind, how long are you going to wait. If you are from China or India, you're still going to wait in line. And that may not be an option at all. An employer may only be interested in you if you're going to do at the end where if you're from some other country where it's not so long, maybe they'll wait for you kind of a situation. But there's also situations where you may choose to do the TN. Also file for the EB3 at the same time, maybe your family stays in Canada for a while, then they come in. There's a variety of ways that could be done, but it is going to be very much a personal decision on your part and the employer's part. And as Tanya mentioned earlier, there's two sides to all this. There's what's good for you and what's good for the employer. And you need to find a match. You need to find something that works out well for both of you in order to move forward. Okay. So, Brian, the good news for nurses that are Canadian citizens is that you do have options. So speak to your recruiter and they will be able to advise you in your own personal circumstances. What is the best option and the best fit for you? Lucky is asking. I have my ATT now. How can I connect with the agency like you? Please go onto the Connetics USA website and apply. And our team will be happy to speak to you and make sure to mention that you have your ATT already to take the NCLEX exam. I'm just seeing what questions we have or haven't asked already. Okay. Rain is asking, what documents do we need to prepare for the DS 260? Aren't you for the DS 260? It's actually just like a 20 page form that you're completing online. So really all you need is like your passport, your birth certificate. You're really just going to be inputting a lot of information on the form. So it's a lot of biographical information, information about your previous addresses. And so you're not actually submitting actual documentation with the form. You're just submitting the form itself. Okay. And Rain, if you go to the connetics USA website or our YouTube channel or our social media, you'll find there's a course called Back to Basics. In fact, I would encourage everybody to watch that. It's a show where we break down the whole concept of process in three parts and take you through everything that a nurse or health care worker needs to know about the green card, the concierge green card process. And there's a list of documents that you need to collect before you apply for the DS 260 stage. So there's also a download on our website and there's a show and a booklet for the concierge green card process, adjustment to status green card process, as well as the TN process. So really important to educate yourself about this. And I don't think you can get that information anywhere else. And it is really free because it's really directed specifically for nurses. Okay, let's see. Binge is asking, do you accept nurses with NCLEX with an experience gap? Benjay is yes. We have employers all over the United States and some require specific experience and some don't. So we would be happy to speak to you about that. We call our recruiters Career Matchmakers, so they will be able to find the right fit for you. We have a question here also from Nurse Juan, switching agencies before coming to the US without hospital offer. Yet some nurses are planning to switch agency and worry about the need to pay fines. One reason is it's taking too long for the current agency to process. So Nissan, I think we already answered this question. Really? Everybody needs to take their contract operators very seriously. And if they are committed, it's like a marriage. If you commit, you need to be committed. I think is our best advice. Michael answer anything to add to that? No, I would agree. Okay. Genova is asking I have EB2 Visa. Can I do adjustment of status if I get a job offer, Mike? Well, if you're physically already in the US on EB2, then there may be some options for you. If your intent is to come into the US on EB2 and then hope to find a job, then oftentimes that's going to be viewed as you committed immigration fraud by entering on a B two, which is a visitor's visa, saying, I want to be a visitor when in fact you wanted to file for an employment visa. You also have to keep in mind, from a timing perspective, if the hospital that's hiring you doesn't have a PWD, it's going to take six months at least to get a PWD. Your EB2 is already going to be expired. And then if you file an extension of your EB2, that restarts your intent that you intend to only be as a visitor. So generally, we do not recommend there's a lot of employers that will not even entertain filing. I think there are certain circumstances where it probably is. Okay. But I think they're pretty rare. Yeah, I think we've seen the same. Monica is tagging her friends. Patrick is tagging friends and colleagues. Thank you for doing that and paying it forward. Anna is asking, hey, Ms. Tanya, I'd like to ask if an applicant can pay for the premium processing phase. And I believe the answer is yes, correct? Absolutely. Either the employer or the applicant can actually pay for the premium processing. Exactly. And just for you to know and at connetics USA, the employers will pay for the premium processing.
Okay, I see we've got some questions that we've covered already. Patrick is asking. Hi again. Are the IELTS in the visa screen reimbursable? So Patrick, because we are direct higher, it would depend on the employer. It depends on the package. Typically, what you will see in the offer letter are all the details of the offer. If they are reimbursing for the IELTS and the visa screen and it will be client specific. Cindy is offering asking, Mike, how long is an EB three visa in today's time? If we're starting from scratch right now, how long would it typically take for the process? If you're starting with a hospital who's never filed a prevailing wage yet, then but does do premium processing and you're not in Manila? Twelve months is not unreasonable. If you're in Manila, maybe 18 months to two years. So I would probably say if someone's asking they want a nice range, I would say twelve to 18 months is probably fair. I also think that every day we move forward, the line it takes in Manila is going to get better. And so we're probably going to have a more favorable answer for Manila a month from now or even three weeks from now than we do today. So that would be my estimate. So around twelve to 18 months. Yeah. And if the client in the hospital has already completed prevailing wage, you would take six months off. That correct. Yes, that's correct. And Mike, what about a nurse who is not from the Philippines, maybe from another country. Yeah. So if you have a nurse who say in Dubai and the hospital say already has a PWD, then you could seriously be looking at six, eight months. Okay. I don't think that would be unreasonable. There you go. Okay.
We have a question here from Sarah who's asking do you accept applicants from Iran? Can applicants from Iran do an EB3 green card? I've actually never run across that. Yes. I'm not sure. Have you, Mike? I have never run across the nurse from Iran. Yes. There's going to be additional security clearances that you're going to go through, but there is no prohibition. Yeah. And I think, Sarah, you might be thinking of a few years ago where there was the prohibition. So that could be the reason for the question Rachel is asking. Can someone work in the US as an RN as being HIV positive, aren't you? Yes. Okay. So we can scratch that one off the worry list, Rachel. Okay. There's still a lot of questions here. Let me just see quickly what else hasn't been asked. This is a good question. So Faker is asking what are the requirements to hire an international medical technologist? Mike? So medical technologist is one of the positions that qualifies for an H1 because a bachelor's degree is necessary in all the States that have licensure requirements. And all the hospitals are going to require at least a bachelor's degree anyway. It does qualify for an H one. So depending upon the hospital that's sponsoring you, if they're a Cap exempt hospital, they could go ahead and file for an H1. Now, those are hospitals that are nonprofits, affiliated with universities. That's the easy definition. A hospital that's not a Cap exempt hospital sponsoring you would likely if we're talking today, early April, the lottery has already missed for this year. So they might sponsor you directly for an EB3 green card, which is on you described earlier in the call. In the context of a nurse aide, you have to go through an extra process. You have to go through a perm or labor certification process, which adds about six to nine months onto you process, but would still be faster and more sure than waiting until next year's lottery in March of next year. So I think that's probably the route that most employers would take. If we were having this discussion in February, they would have probably put you through the lottery, the H1 lottery in the event that you got paid. Now, from a requirements perspective, you're going to need a visa screen for a Med tech. You're also going to need there's certain States. I think there's maybe eight States that require a license that you're going to have to comply with. And I think it's like amscp certification in most States. I think it's what it's called. Yeah, correct. Okay, good. So there we go. Faker. And we have many Med tech opportunities all over the United States. So please go ahead and apply and we'd be very happy to help you. Arlene is saying good morning, everyone from Jamaica. I'm late today. We love that we have our regular viewers that are watching every week. And no worries, Arlene, if you missed the questions today, please watch the rerun because all of your questions will be answered. We are at the hour. I cannot believe it. I feel so bad because we have so many questions and I really want to try and get through as many as possible. So if I did not get your question, I'm so sorry. And keep watching next month, hopefully we'll be able to get your questions. I'm just going to take one last one from Happy Hipster. I love that name. How can we petition our parents after we receive the green card or do we need to be a citizen before we can do it? Aren't you the faster process is to actually the way to process is through becoming a citizen. And the good news there for all of you that once you become a citizen, there is no backlog. So there an immigrant visa is always available for you to be able to petition for your parents. And I just went through this exact situation. Happy Hipster. I came from South Africa. This year will be 22 years ago. And I'm obviously a very proud citizen today, which is what we want for everybody who's watching. And I just sponsored my mom and she got her green card. So this is possible. And as I said, that's what we want for everybody who's watching. So we're going to be wrapping up now. Thank you, everybody, for joining us today. Thank you to Anchu and Mike for sharing your expertise. You really do such a great service by helping so many nurses with so many immigration questions. It's so complicated.
It's so overwhelming. It's so frustrating. So we really are so grateful to you to share your time and to help so many nurses all over the world. Before we finish off, please don't forget the upcoming shows. Everybody. On the 15th, we have state side. We're going to be talking about what it's like to live and work in Maryland on the 19th we have the Latura talk show where our topic is self care for a nurse. Very important topic for many nurses who are feeling exhausted and burned out. On the 22nd we have an empty show on the 29th we are showcasing one of Connetics USA's amazing clients, Penn State a magnet system and you'll be able to learn all about that. And before you leave also just a reminder about connetics initiatives we have our free IELTS course. We have our emphasis scholarship. Don't forget the $1,000 referral fee extended until the end of may and that's for nurses with NCLEX please watch our podcast. We have the top 10% podcast worldwide. Our nurse aide program watch every week our show onwards and upwards and obviously as we mentioned, we have many allied needs as well for healthcare workers. Our winner for the NFL's raffle wait for it. Drumroll is Ezema joy and I'm not even going to try and pronounce the last name. So Congrats edema we are so excited. connetics will be covering the cost of your NCLEX exam and hopefully you will be able to pass and come through to the United States. Thank you everybody for joining us. Thank you for all the questions. Thank you Anshu and Mike for your expertise. Have a great weekend everybody and onwards and upwards. Thank you.