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Citations for ILW.COM's Seminar
"Nurse Immigration (In Cooperation With CGFNS) "
Session 3 held on January 13, 2004

For more info, or to signup online, click here.
For more info, or to signup by fax, click here.

Article by Silvia Boecker

11 Practice Pointers On Filing Nurse Petitions In Manila

From Silvia Boecker

Professional nurses remain on Schedule A. The I-140 petition must be filed in duplicate directly with DHS. The goal of a 45-60 day turnaround of cases filed electronically with the DOL will not apply to nurses.

The application for Permanent Employment Certification form (ETA 9089) replaces the ETA 750 and must be filed with the I-140 for the nurse.

One of the following must be filed with the I-140: CGFNS Certificate, full and unrestricted (permanent) license to practice nursing in the state of intended employment or certification of having passed the NCLEX exam.

A prevailing wage determination must be included with the I-140 petition.

The notice must be posted where RNs can see it for 10 consecutive "business" days. In a healthcare facility is 10 business days any different from 10 days?

The notice must:

  • state the notice is being provided as a result of the filing of an application for permanent alien labor certification for the relevant job opportunity;
  • state any person may provide documentary evidence bearing on the application to the Certifying Officer at the DOL;
  • provide the address of the appropriate Certifying Officer; and
  • be provided between 30 and 180 days before filing the application.

Copies of all in-house media used for RN recruitment by the employer must also be included.

The posting must have been done between 30 and 180 days of the filing date. What is the purpose of waiting for 30 days after the 10 day posting when nurses are on Schedule A? A permanent posting may be the answer to the 30 to 180 day requirement.

Although not mentioned in the regulations, copies of the nurse's educational and licensing credentials should be included in the petition. Read the instructions on the I-140 to determine what must be included.