The I-140 for Nurses(Immigration Petition for Alien Worker) process is essential for demonstrating that 1) the foreign worker fills a hard-to-fill U.S. position, and 2) meets the required qualifications. The employer must also prove financial capability to pay the worker’s salary.
Fees and Processing Time:
- Regular Process: $715(USD), 6 months to 1 year. (Depending on the agency’s task load)
- Premium Process: $2,805(USD), 15 business days. (both fees must be paid for premium processing)
- Note: The fees above are as of OCT 2024.
Process Overview:
- Submission to USCIS: The I-140/ETA-9089 is submitted to USCIS(United States Citizenship and Immigration Services), and the submission date becomes the Priority Date.
- Priority Date(PD): Used to determine visa eligibility (Final Action Date) and DS-260 filing (Date for Filing), based on the Visa Bulletin.
- Note: The Priority Date is not related to Approval. It only affects the submission of I-140 to USCIS. The processing time to submit may vary by the attorneys who handle the case.
Required Documents:
- Job Offer: Official offer detailing job responsibilities, salary, and conditions issued by the employer(hospital or company).
- Signed Forms: I-140/ETA-9089.
- Qualifications: Nursing degrees(ADN or BSN), Nursing license(both origin country and the US), certifications.
- Employer’s Financial Documents: Tax returns, bank statements. (The employer may refer to a hospital or a company that hires the applicant)
- Other Supporting Documents (If needed)
Post-Submission Outcomes:
Approval: The case transfers to the National Visa Center (NVC), and the DS-260 process begins (typically 4-6 weeks after USCIS transfer).
- Filing DS-260 depends on the VisaBulletin.
Request for Evidence (RFE): If additional information is needed, an RFE is issued. Common RFE reasons include:
- Insufficient qualifications
- Missing/inconsistent documentation
- Human error
Denial: Rare for nurses but may occur due to insufficient employer finances, candidate disqualification, inadequate RFE response, or criminal record. Appeals can be made to the AAO(Administrative Appeals Office), though they may be time-consuming.
For more details on I-140 for Nurses(Immigration Petition), refer to the USCIS Policy Manual.
The whole journey
for receiving EB-3 visa
1. Schedule A and PERM
PERM is the first step where the employer proves no qualified U.S. workers are available.
2. I-140
I-140, the second step, is a petition to USCIS to classify a foreign worker as eligible.
3. DS-260
The DS-260 form is an online immigrant visa application for consular
4. Visa Interview
The final step to determine the applicant's visa eligibility.
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