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Informed and Up-To-Date
Today, it is often said that the only thing, which is constant, is change. With the increasingly global reach of virtually every business, the pace of change is only going to get faster.
As companies strive to compete in the global economy, they are seeking out the best and brightest for their teams. Whoever they must operate within a governmental regulatory framework. When congress and the state legislatures modify the immigration and corporate framework, you need to be ready to adjust accordingly.
Whether it's a change in the number of visas available or and new requirement for incorporating, we make point of keeping informed so you can concentrate on changes in your company and industry.
Immigration Process for RNs Residing Abroad For Non-Union Hospitals.
Step 1:
Determine eligibility of the RN by reviewing background, by reviewing documents supported by the RN and also by interviewing the RN on the phone.
Mail RN Visa Screen Application, RN should have the following documents ready:
- Birth Certificate
- Police Clearances
- Marriage Certificate if any
- Divorce or Death Certificate if any
- Valid Passport
- Photographs
- Recent Job Offer Letter
- Financial Information regarding the employer
- filing fees
- Visa Screen Certificate
Step 2:
Send ETA 9089 packet to RN and you can request any documents that are missing.
Step 3:
Once the information for filing I-140 is received from the RN then
start preparing for filing with the USCIS.
Step 4:
Once I-140 is filed you receive Receipt Notice from USCIS in usually 2 to 3 weeks. It takes approximately 7 months to be approved.
Step 5:
Approximately one month after, the National Visa Center (NVC) requests an Immigration Visa Fee Bill for the RN and dependents if any.
After the payment to the NCS for Immigrant Visa Fee Bill is made, approximately one month later NVC requests Form DS 230 part 1 for RN and dependents if any.
Mail that DS 230 Part 1 to NVC.
Step 6:
Approximately one month later, NVC requests final documents (original birth certificate, and marriage certificate, copy of the passport etc.) Mail the requested documents to the NVC.
Step 7:
Approximately 3 to 5 months later NVC notifies that case has been transferred to the U.S.Embassy in RN’S home country for final interview.
Two months later, the Embassy sends an appointment letter to RN.
At the time of Interview RN should have Visa Screen Certificate and Green Card Approval.
Immigration for Foreign-Born Physical/Occupational Therapists Wishing to Enter the United States
Occupational therapist: requires a baccalaureate or licenciatura degree. All U.S. states require occupational therapists to pass a national certification examination to be licensed to practice in the state of employment. An occupational therapist is also require to obtain a Healthcare Worker Certificate (Visa Screen).
For Occupational/Physical Therapists wishing to enter the United States, obtaining a green card through employment is the most common route. There are several things that must be done before you can enter the U.S. to work as a Physical/Occupational Therapist.
Most states require that you obtain an evaluation from a specific credentialing agency to determine whether the degree you received is substantially equivalent to an entry-level degree in physical/ Occupational therapy in the U.S. Each state has its own requirements so be sure to check with the state licensing board to determine where you can obtain your evaluation. You will also want to take the English language proficiency exam early in the process because you will need these scores in order to obtain your health care worker certificate.
At the same time, you should begin the process of obtaining your health care worker certificate because this is a lengthy process. You have two options for obtaining your certificate: FCCPT or CGFNS. You should contact these organizations to obtain more information about the requirements for the certificate. The health care worker certificate verifies compliance with an educational credentials review, English language proficiency requirements and verification of ability to practice in the country of education.
Once you have the "visa letter" from the state licensing board, you can start the immigration process.
Here is a list of the documents we will need from the Physical/Occupational Therapist to process the case:
- Copies of academic degrees and transcripts
- Copy of Physical/ Occupational Therapist license from home country
- Visa Letter
- Resume of Physical/ Occupational Therapist Candidate
We will also need the following from the employer:
- Information on the health care facility
- Information about the job being offered
- A job posting notice to be placed at the employer's premises
- Paperwork to be signed by a company official
- Copies of federal tax returns (or a statement from the company's financial officer for larger employers)
By the time of your Visa Interview, you will also need to have the following:
- Health Care Worker Certificate (from FCCPT or CGFNS)
- Police Certificates from your Home Country
- Police Certificates from every other country where you have lived for a period of 6 months or longer after the age of 16
- Birth Certificate
- Marriage Certificate
- Letter of employment
- Medical Clearance
- Pictures
The process begins when the U.S. employer files the I-140 petition with the United States Citizenship and Immigration Services (USCIS). Once this petition is approved (approximately 90-120 days after filing), the approved visa petition is then forwarded to the National Visa Center (NVC) in Portsmouth , New Hampshire . The NVC forwards a packet to the physical therapist containing forms to be completed by the applicant and family members and a list of documents, which must be presented at the Visa Interview.
The applicant should gather the Health Care Worker Certificate, Police Clearances, Birth Certificates, Marriage Certificates, and any other items requested in the packet and send them to U.S. Consulate or the NVC, as instructed. The applicant attends the scheduled interview with all of the requested documents. If the application is approved, the Consulate issues an Immigrant visa stamp that is valid for 6 months.
Information about obtaining U.S. Citizenship.
There are two ways of obtaining Citizenship of the U.S. 1) By Birth and 2) By Naturalization. People who are not born here in the U.S. have to file for Naturalization in order to obtain the U.S. Citizenship.
There are certain basic requirements for obtaining U.S. Citizenship, the applicant must be at least 18 years old and must establish that she or he qualify to become U.S. citizens based on residence and physical presence; good moral character; knowledge of the English language, U.S. history and government; and loyalty to the United States. There are exceptions and exemptions to the requirements for military personnel.
The entire process to become a U.S. Citizen varies by jurisdiction; however, the normal time frame is between nine months and eighteen months.
Residency and Physical Presence
In order to qualify for citizenship, an applicant must be a Lawful Permanent Resident, i.e., the holder of a "green card" and have lived in the U.S. for a certain period of time. If the applicant became a permanent resident based upon marriage to a U.S. citizen, he/she may apply for citizenship after three years from the time permanent residence or conditional residence was obtained provided he/she is still living with the U.S. Citizen spouse at the time of filing the application. Otherwise, the applicant must have resided continuously in the U.S. for at least five years.
An applicant for citizenship must be physically present in the U.S. for at least one-half of the 5 years (or one-half of the 3 years if spouse of a U.S. Citizen) immediately preceding the application. He/she may not have any single absence from the U.S. of more than one year.
An applicant must reside within the state in which the application is filed for at least three months.
Good Moral Character
Another requirement is that an applicant for citizenship be a person of "good moral character" during the required permanent residency period (typically five years or three years if married to U.S. citizen immediately preceding the application). http://www.globallawcenters.com/citizenship.php - _ftn1
Example: An applicant is permanently barred from naturalization if he or she has ever been convicted of murder.
Supporting the Constitution of the United States
An applicant must show that he or she is supporting the principles of the Constitution of the United States.
Language
Applicants for citizenship must be able to read, write, speak, and understand words in ordinary usage in the English language. Applicants exempt from this requirement are those who on the date of filing: have been residing in the United States subsequent to a lawful admission for permanent residence for at least 1; have been r5 years and are over 55 years of age esiding in the United States subsequent to a lawful admission for permanent residence for at least 20 years and are over 50 years of age; or have a medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn English.
United States Government and History Knowledge
An applicant for citizenship must demonstrate a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States. Applicants exempt from this requirement are those who, on the date of filing, have a medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn U.S. History and Government.
Applicants who have been residing in the U.S. subsequent to a lawful admission for permanent residence for at least 20 years and are over the age of 65 will be afforded special consideration in satisfying this requirement.
Oath of Allegiance
To become a citizen, one must take the oath of allegiance. By doing so, an applicant swears to:
- Support the Constitution and obey the laws of the U.S.;
- renounce any foreign allegiance and/or foreign title; and
- bear arms for the Armed Forces of the U.S. or perform services for the.
Certain applicants who have served in the U.S. Armed Forces are eligible to file for naturalization based on current or prior U.S. military service. Such applicants should file the N-400 Military Naturalization Packet.
Benefits of Being a U.S. Citizen
One of the most obvious benefits and responsibilities bestowed upon a U.S. citizen is the right and duty to vote and participate in the political process that shapes the nation. Additionally, a naturalized U.S. citizen is entitled to all the benefits of traveling abroad with a U.S. passport, including relative freedom of movement throughout the world without having to comply with burdensome visa requirements. Serving on juries is another responsibility of citizenship.
U.S. Citizens have much greater ability to sponsor relatives for U.S. immigration. Any petitions filed by the Permanent Resident takes more time to process compared with the application filed by the U.S. Citizen as the petitions filed by U.S. Citizens for spouses, minor children and parents are immediately available so there is no waiting list at all. The unmarried adult sons and daughters of U.S. citizens are generally on a shorter waiting list than those of permanent residents. In addition, many government contracts and jobs require U.S. citizenship. Students will enjoy lower tuitions as they will no longer be considered “out of state”.
Application Procedures
N-400 is the 10 pages Form which is required for filing Citizenship. This form obtains every detail information about the Applicant such as residence and physical presence; good moral character, Marital Information, How you came to the U.S. whether you are willing to support the Constitution of the U.S.? Will be serving in the U.S. Army if needed etc. the following supporting documents should be filed with Form N-400:
Filing Fee
The filing fee for the Naturalization is $400.00 (including fees of $70.00 for the Bio-metrics) which will increase to $675.00 from the month of August, 2007.
Form N-400 is filed with the USCIS Regional Service Center having jurisdiction over the applicant’s residence.
What happens after the application is filed?
Once the application is filed with the USCIS, they will send a receipt notice and schedule the applicant for a “Biographic” appointment (fingerprints). Once the USCIS has
Completed the background check, they will schedule the Applicant for a Naturalization Interview. At the interview, the applicant will undergo a Citizenship Exam to demonstrate his/her knowledge of the English language and U.S. history and government.
If all goes well at the interview, the applicant will be scheduled for an oath ceremony. At the oath ceremony, the applicant will be “sworn in” and will receive his/her Naturalization Certificate. Once an applicant receives his/her Naturalization Certificate, he/she will need to obtain a U.S. passport in order to travel outside of the U.S. Most sites hosting oath ceremonies have procedures on location for applying for U.S. passports.
What if I cannot make it to my scheduled interview?
It is very important not to miss your interview. If you have to miss your interview, you should notify the office where your interview is scheduled by mail as soon as possible. In your letter, you should ask to have your interview rescheduled. Rescheduling an interview may add several months to the naturalization process, so try not to change your original interview date. If an emergency arises and you absolutely cannot make your appointment, call the National Customer Service Center at 1-800-375-5283 to request rescheduling. The NCSC will record the information, and pass it on to the local office, which will make the final decision whether to reschedule your appointment. If you miss your scheduled interview without notifying USCIS, USCIS will "administratively close" your case. Unless you contact USCIS to schedule a new interview within 1 year after USCIS closes your case, USCIS we will deny your application.
What should I do if I cannot go to my oath ceremony?
If you cannot go to the oath ceremony, you should return the "Notice of Naturalization Oath Ceremony" (Form N-445) that USCIS sent to you. You should send the N-445 back to your local office. Include a letter saying why you cannot go to the ceremony. Make a copy of the notice and your letter before you send them to USCIS. Your local office will reschedule you and send you a new "Notice of Naturalization Oath Ceremony" to tell you when your ceremony will be.
What can I do if USCIS denies my application?
There is an administrative review process for those who are denied naturalization. If you feel that you have been wrongly denied naturalization, you may request a hearing with an Immigration officer. Your denial letter will explain how to request a hearing and will include the form you need.
Can I reapply for naturalization if USCIS denies my application?
In many cases, you may reapply. If you reapply, you will need to complete and resubmit a new N-400 and pay the fee again. If your application is denied, the denial letter should indicate the date you may reapply for citizenship. If you are denied because you failed the English or civics test, you may reapply for naturalization as soon as you want. You should reapply whenever you believe you have learned enough English or civics to pass the test. |
