H1B revocation

[euqidat10 0]

Hi All!

I hope you can give me some insight/tips regarding my situation. I don't know if anyone of you has encountered this but I've been with my employer as an RN since Jan 2010 thru H1B visa which was approved in Dec. 2009 and is supposed to expire in 2012. Last week, I received a letter from USCIS stating an intent to possibly revoke my h1b visa because the position I'm currently holding does not require a bachelor's degree and therefore is not a specialized position. I have until december 19 to reply and submit evidence that would overcome the noted reasons for revocation. How am I going to go about this? What are my options if my h1b visa does get revoked? Thank you all! I appreciate your suggestions/ideas.

[canadian_wife 1,823]

Are you actually working as a registered nurse? If you are simply have your employer state your position and the qualifications required to hold your position and submit it to USCIS

If you are not, then what are you working as?

Good luck

[Boiler 45,749]

Your Employers Lawyer submits evidence to show that your job does require the Degree that you have.

[justashooter 430]

the days of importing filipina nurses is coming to an end, my friend. the businesses that make money by importing them and contracting them to hospitals have been skewing statistics for years to create the impression of a nursing shortage. there is no shortage today, quite the contrary, there is a glut. USCIS is denying your petition in response to pressure from American nurses that are out of work, and do not like competing with lower paid foreigners for what few jobs become available.

RN liscensure does not require a bachelor's degree in USA (to take NCLEX boards and liscense). this can be done with an associate degree (ADN) that can take from 2-3.5 years to complete and involve anywhere from 62-90 credits, depending on program. some few hospitals also have certificate programs that typically require 2 years to complete, but do not include much education beyond clinical studies. the typical ADN has 30-40 credits of gen-ed before beginning clinical studies, but some private schools offer degrees involving as few as 15 credits gen-ed.

some USA hospitals prefer ADN over BSN to save 10% salary differential, but most hospitals are hiring at the same rate for ADN or BSN, seeing them equally, as both can have the liscense.in short, you are not needed in USA, and allowing you to work here is negatively impacting US citizens.

[justashooter 430]

http://foreign-nurse.lefora.com/2008/08/17/h1b-visa-not-generally-for-nurses/

http://www.visalawyerblog.com/2009/09/h1b_visas_for_nurses_can_they.html

[justashooter 430]

http://www.vkblaw.com/news/threehundredseventyfive.htm

Before HIGGINBOTHAM and SMITH, Circuit Judges, and FALLON(1), District Judge.

HIGGINBOTHAM, Circuit Judge:

Vintage Health Resources and seven Filipino nurses appeal the district court's affirmance of the Immigration & Naturalization Service's denial of H1-B visas for the nurses. Because Vintage did not produce evidence sufficient to show that the nurses were members of a "specialty occupation," as required under § 101(a)(15)(H)(i)(B) of the Immigration and Nationality Act, we AFFIRM the denial of H1-B visas.

I.

Vintage is a medical contract service agency which brings foreign nurses into the U.S. locating jobs for them at hospitals as registered nurses. Vintage sought to have seven Filipino nurses classified as H-1B nonimmigrants, performing services in a "specialty occupation." H-1B aliens in a specialty occupation may spend up to six years in the U.S., rather than the one year allowed for regular business travelers.

The INS denied each petition, stating that Vintage failed to establish that the nurses worked in a "specialty occupation," under § 101(a)(15)(H)(i)(B) of the Immigration and Nationality Act. See 8 U.S.C. § 1101(a)(15)(H)(i)(B). A "specialty occupation" is defined in part as one in which the "attainment of a bachelor's or higher degree . . . (or its equivalent) [is] a minimum for entry into the occupation in the United States." Id. § 1184(i)(1)(B).

Vintage produced evidence that it only hired nurses with B.S.N. degrees. The INS claimed, however, that the proper focus of inquiry is not what Vintage as an employment agency required, but instead what the contracting facility required, and Vintage failed to establish that the medical facilities where the nurses would actually work required bachelor degrees. At best, Vintage showed that such facilities preferred nurses with B.S.N. degrees, but did not require that nurses have B.S.N. degrees.

The seven nurses whose petitions were denied appealed to the INS Administrative Appeals Unit, which upheld the denial. The appellants then filed complaints in federal district court, seeking to compel the INS to approve their petitions. The district court dismissed their claims, determining that despite some ambiguity in the regulations, the statutory requirement for a "specialty occupation" was clear: the occupation must be one in which the attainment of a bachelor's degree or higher is the minimum for entry into that occupation, and the nurses had failed to satisfy that requirement. The nurses filed separate appeals, which were then consolidated.