Can I still get a work visa even with red flags?

[jukjuk10 0]

Hi there, my name is James from Philippines. I am a professional caregiver, and I have an employer in US specifically in West Virginia in a Hospital there. They checked my documents and they saw that i am qualified to work for them as a nursing assistant. When all the documents are already prepared, and sent to the INS in Washington for the petition, a few days after, they follow up my work visa application. The INS told them that my application is on hold and put a red flag on it because they found out that my brother is overstaying in US.Is this possible that I already have a red flag even if i haven't been interviewed yet in the US Consular here in Manila? Will I still be able to work in US and have a working visa? I can guarantee that I will not disrespect the law there and overstay because I have an employer and i will be staying there legally. Please tell me what should I and my employer do? Thank you very much

Sincerely,

James

[Penguin_ie 5,994]

***** Moving from Nrining Family Members to Employment visas, as OP wants to work here *****

[canadian_wife 1,823]

At this point all you can do is wait. Unfortunetly there isn't much else you can do as a work visa is a privledge and you have no right to be issued one.

Oh, and it hasn't been INS for years. It is USCIS now

You can try contacting the consulate to find out the status of your petition but I'm not sure how that will go

Good luck

PS - how did they find out about your brother?

[Harsh_77 718]

There is no such thing as you gurantee, based on your brothers illegal stay they can assume you would do same if you are out of employment and would never return back to home country and follow the rules you agress while obtaining a visa.

There is nothing you can do - all you can do is wait consulate in Manila would not be much helpful, but you can try as it seem you are petitioning for H1b local consulates dont know much about your application until you got for interview.

[Deputy Purple 1,294]

I'm surprised that a hospital would bother with trying to get someone over on a work visa for a CNA position.

Look at this link: Which program do you think you'd qualify for a work Visa under? CNAs are not Nurses and the technical training required for a CNA Certificate doesn't qualify as " highly specialized knowledge requiring completion of a specific course of higher education." as no degree is involved.

For the last several years even the Nursing bubble has been deflating.

[jukjuk10 0]

At this point all you can do is wait. Unfortunetly there isn't much else you can do as a work visa is a privledge and you have no right to be issued one.

Oh, and it hasn't been INS for years. It is USCIS now

You can try contacting the consulate to find out the status of your petition but I'm not sure how that will go

Good luck

PS - how did they find out about your brother?

I am sure they always have this very strict checking on people trying to get to US, and also those who are there already. Since my brother and I have same surnames, it is easy for them to trace it. Yes, the USCIS said that We should hear from them until friday on what to do about it, but if we havent heared from them I will call next week. I still do hope that I will still be granted a work visa

[jukjuk10 0]

I'm surprised that a hospital would bother with trying to get someone over on a work visa for a CNA position.

Look at this link: Which program do you think you'd qualify for a work Visa under? CNAs are not Nurses and the technical training required for a CNA Certificate doesn't qualify as " highly specialized knowledge requiring completion of a specific course of higher education." as no degree is involved.

For the last several years even the Nursing bubble has been deflating.

Yes, I know about that, and they said I will go on a training first, and then I will have that license since I have a caregiving certificate as well as experience, it will be easy for me. They already checked on my documents and approved it.

[canadian_wife 1,823]

Also, having family in the US works against you as it increases your ties to the US and decreases your ties to PI

Good luck

[Deputy Purple 1,294]

Yes, I know about that, and they said I will go on a training first, and then I will have that license since I have a caregiving certificate as well as experience, it will be easy for me. They already checked on my documents and approved it.

I guess I wasn't blunt enough in my previous question/post.

CNA doesn't qualify for Employment based Visa, are you sure everything is on the up-and-up with this?

I know recruiter fraud is a common thing in the Philippines.

[justashooter 430]

agreed that "caregivers" working in hospitals are not one eligeable for H1b visas, which are reserved for bachelor's degree or higher, and specialty occupations requiring more than a "certificate". it sounds like you have been paying someone to sell you something that is not actually available.

even more so, bachelor's degree nurses from phils are not eligeable for H1b visas, because an ADN in USA can qualify as an RN. they have been sidestepping the law for years on this issue, but are being brought in line in recent months.

[jukjuk10 0]

I guess I wasn't blunt enough in my previous question/post.

CNA doesn't qualify for Employment based Visa, are you sure everything is on the up-and-up with this?

I know recruiter fraud is a common thing in the Philippines.

it might not be, but they do not need CNA they hire people who have technical knowledge of how to be a care giver and the hospital trains the new hire

Also I have a bachelors degree, except for my caregiving certificate as well as red cross certificates, and working experiences which make me valid for the said work.

[Deputy Purple 1,294]

it might not be, but they do not need CNA they hire people who have technical knowledge of how to be a care giver and the hospital trains the new hire

Also I have a bachelors degree, except for my caregiving certificate as well as red cross certificates, and working experiences which make me valid for the said work.

"Valid for said work" doesn't equal valid for a work visa.

The JOB has to qualify and caregiver nor CNA does qualify. You could be a Brain Surgeon in the Philippines and it wouldn't matter if you're trying to come here as a CNA.

CNAs are numerous here, I know high school seniors who are getting CNA training during the last half of their school year. Now they graduate and are qualified as a CNA. The hospitals are taking them and supporting their efforts to become RNs and Doctors.

Even if all of that wasn't true, are you aware of how expensive H Class Visa's are for the employer? My company has sponsored a few software developers on H1B Visas and would never do it again because of the extra expense involved. These are positions that pay 4 - 6 times what an experienced CNA would ever get.

If I were you, I'd ask the job agency for copies of the NOAs they claim to have for the initial filings then I'd confirm the Receipt numbers directly with USCIS before getting my hopes up to high.

If they can't provide you traceable receipts (NOAs) then they are frauds.

Edited March 9, 2011 by Bob 4 Anna

[Boiler 45,670]

What work visa category, you have not said and none come to mind.

[Harsh_77 718]

OP most ppl have tried to explain you or caution you becareful where you are going and make sure you get right documents.

AS there are plenty of CNA in US and CNA would not qualifiy for the H1 either, so not sure what kinda work visa you are talking about and the hospital is talking about.

[Dakine10 5,452]

I guess I wasn't blunt enough in my previous question/post.

CNA doesn't qualify for Employment based Visa, are you sure everything is on the up-and-up with this?

I know recruiter fraud is a common thing in the Philippines.

That was the first thing that came to my mind too.