Atty. Philip Abramowitz
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Make a New Year's resolution to gain legal status
(Philip Abramowitz is a CaliforniaState
Bar Certified Immigration Law Specialist, a licensed professor
of law, and a member of the law firm of Korenberg, Abramowitz
and Feldun.)
Question:
I entered the U.S. in 2001 as a tourist and I would like
to stay here. My tourist visa will expire in a month.
I want to have a work permit so I can get a valid social
security card and I want to have my husband join me here
in the United States later. I help out taking care of
an elderly woman, but I would really like to work in my
profession as a medical technologist. What should I do?
Answer:
With the New Year, there is no better time than now to
make a resolution to make your dreams of American residence
come true. Since you are still in legal tourist status,
you must act quickly in order to have the best opportunities
available to you. Since the passage of the broad-reaching
Illegal Immigration Reform and Responsibility Act in 1997,
it is very difficult to obtain a work permit, legal status
or permanent residence once you are illegal. Therefore,
you should take action to legalize your status while your
tourist visa is still valid and unexpired. Normally, tourists
are granted six months to one year permission to remain
in this country. You should take action to obtain a working,
student, investor, or other visa within this time period.
The most popular nonimmigrant status sought by persons
wishing to be legally employed in this country, is the
H-1B working visa. To qualify, you must be a professional
and locate an employer in this country who will offer
you a job and file the petition on your behalf. Finding
a job and a motivated petitioner is easier than you think.
Firstly, the economy in this country is good. Jobs are
more plentiful now than in recent memory. Companies are
eager to employ, (and petition) qualified professionals.Since
there is definitely a shortage of American labor in many
occupations, employers are willing to hire and sponsor
foreign workers for working visas and/or permanent residence.
If you are afraid to approach a company, you may consider
hiring an employment agency. There are many that cater
to foreign workers. Visit these agencies and inquire about
their requirements, their past successes, their clients,
and their fees before engaging their services. Many workers
have been placed by agencies. If you wish to start out
on your own, use the classified ads of both large and
local newspapers. You will find hundreds of job opportunities.
Use the internet to search for openings both at employment
web sites and at the sites of companies which often have
a page for employment. Ask friends about their employers
and feel free to send resumes to companies that interest
you. Besides the H-1B visa, you may consider a student
visa to either learn a new field or to improve the education
you already have. Be sure to obtain form I-20 from the
school you choose and file it with the INS, with proof
of support, before your tourist status expires. You can
always change later from a student status to an H-1B worker.
If you plan to operate your own business, be aware of
the options available to you. Besides the investor visa,
which often requires a large investment of capital, be
aware that a less expensive option exists called the L-1
intracompany transferee for those who have a business
abroad. Again, file this petition before your present
status expires. Of course, marriage to an immigrant or
citizen is always an option for those seeking permanent
residence. If you marry an American, work authorization
can usually be issued in just a matter of weeks, and permanent
residence now. It will make the new year happier for you.
(Philip Abramowitz will
answer all questions regarding immigration and naturalization
free of charge. Address questions with self-addressed,
stamped envelope to 13949 Ventura Blvd. Ste. 300 Sherman
Oaks, California 91423 or 3255 Wilshire Blvd. Ste. 616,
Los Angeles, California 90010 or telephone 818 788-1914.)
Registered nurses can quickly immigrate even without
a US license
BY
ATTY. PHILIP ABRAMOWITZ(Philip Abramowitz is a California
State Bar Certified Immigration Law Specialist, a licensed
professor of law, and a member of the law firm of Korenberg,
Abramowitz and Feldun.)
Question: My daughter
is a registered nurse in the Philippines. She passed the
CGFNS exam is 1998. She is currently working as a nurse
in the Philippines but she would like to live in the U.S.
where she can earn a better living. How can she obtain
a working visa or a greencard? How long will it take?
What are the requirements?
Answer: I have always
said that registered nurses are special. Besides being
wonderful, caring, individuals, nurses are recognized
by the INS for the special services that they perform
for the medical community. Fortunately, these nursing
services are still in short supply in the U.S. This means
that nurses are provided special immigration benefits
that are not provided to almost any other profession.
Unlike other professionals, nurses wishing to immigrate
to the U.S. can bypass the lengthy labor certification
process and proceed directly to the immigrant visa. Often,
registered nurses can immigrate to the U.S. in eighteen
months or less! (Less than half the time of other skilled
or professional workers.) To qualify for quick immigration,
the nurse must meet only a few requirements. Firstly,
the nurse must have a degree in nursing or the equivalent.
Secondly, the nurse must have passed the CGFNS examination
proving her nursing skills, or possess an unrestricted
U.S. state license in the state in which he or she intends
to practice. Finally, the nurse must have a valid job
offer in the U.S. to work as a R.N. and an employer willing
to sign the immigrant visa petition. The above qualifications
permit R.N.'s living abroad to quickly enter the U.S.
Since a nurse does NOT need a U.S. license to immigrate,
nurses living in the Philippines, the Middle East, Europe,
or any other country can be eligible to obtain U.S. permanent
residence. Of course, every applicant living abroad must
have passed the CGFNS examination if she does not have
a U.S. license. However, there are literally thousands
of nurses abroad that can qualify today to immigrate to
the U.S. Of course, a U.S. job offer and willing petitioner
is also a requirement. However, jobs are plentiful and
the salaries offered are very enticing. Due to the present
nursing shortage, it is quite easy to find a willing petitioner.
My office, alone, represents hospitals that have petitioned
nurses living abroad and are still recruiting more nurses.
Finding a suitable sponsor should not be a problem, even
for those residing presently in the Philippines. A few
years ago, Congress created a new requirement for foreign
nurses seeking immigration. The law requires nurses to
prove proficiency in nursing and English. Those nurses
educated abroad, must take and pass an English proficiency
exam such as TOEFL or MELAB and the TSE. There is also
a new Visa Screen certification process which confirms
the nurse's proficiency and satisfies the INS regulations.
All foreign born nurses require this new Visa Screen certification
before being allowed to adjust status or immigrant. It
is important to note that these new requirements do NOT
prevent a petition from being filed and approved. The
testing requirements are only needed after the petition
is approved and before final interview and issuance of
the permanent residence. Nurses both in the U.S. and abroad
should consider the plentiful jobs and immigration opportunities
in the U.S. (Philip Abramowitz will answer all questions
regarding immigration or naturalization for FREE. Address
questions with a self-addressed, stamped envelope to 15910
Ventura Blvd., Ste. 1531, Encino, California 91436 or
3255 Wilshire Blvd., Ste. 616, Los Angeles, California
90010 or call (818) 788-1914 or (323) 872-2935.)
(Philip
Abramowitz will answer all questions regarding immigration
and naturalization for FREE. Address questions with a
self-addressed, stamped envelope to 15910 Ventura Blvd.
Ste. 1531, Encino, California 91436 or 3255 Wilshire Blvd.
Ste. 616, Los Angeles, California 90010, or phone (818)788-1914.)
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2001
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