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NEW SCAM: GREENCARDS FOR CAREGIVERS IN THREE MONTHS
by Michael J. Gurfinkel, Esq.
Dear Atty. Gurfinkel:
I am a nurse in the Philippines and would
like to immigrate to America. I saw a newspaper ad claiming that
greencards were available for caregivers in only a few months.
I called and I was told that I needed to enroll in their company’s
“caregiver school”, after which I would be given a
certificate, confirming that I am a qualified caregiver. The person
also said they have an office in the U.S. which would petition
me, with an assurance that my visa will be issued in only three
to four months. Is that possible?
Very truly yours,
E.C.
Dear E.C.:
When it comes to U.S. immigration matters, one
should be very careful when one sees offers of “quick fixes”
or promises which appear too good to be true. I know that, while
a person could eventually obtain a greencard as a caregiver, it
takes years, not just three
to four months.
In fact, even if a person were to be petitioned
for a temporary, non-immigrant working visa (H-1B), which is a
college-level position, it
could take more than three months to obtain that H-1B visa (from
the time of filing the petition to actual visa issuance). So,
there is no realistic way that a caregiver (which is classified
as an unskilled job), could
get an immigrant visa faster.
In order to qualify for a greencard as a caregiver, the case has
to go through many steps and stages, as well as through various
governmental agencies. First, the case is filed with the applicable
state employment agency. The employer then will place an ad in
an applicable U.S. newspaper “offering” the job to
U.S. workers. If there are no qualified U.S. applicants, the case
is transferred to the Department of Labor to obtain “certification”
of the Labor Certification Application. Upon certification, a
petition is filed with the INS, and if approved, the case is forwarded
to the NVC and the Embassy in Manila for immigrant visa processing.
All of these various steps and stages take several
years to accomplish, not three to four months as the agency
promised you. So, be very careful with anyone who is guaranteeing
you a greencard in such a short period of time.
In your particular case, if you are a nurse and
have Visa Screen, you are literally “pre-approved”
for a greencard, if there is a bona fide, legitimate facility
willing to petition you as an R.N. (not a caregiver). In the case
of nurses (and physical therapists), the papers are filed directly
with the INS, without need of going through the state employment
agency and Department of Labor.
While it takes a little longer than three
to four months to get a greencard as a nurse, it is still one
of the fastest ways to go. However, even if a person is not a
nurse, it is still possible to get a greencard as a caregiver,
but it would take several years, not 3-4 months as the agency
assured you.
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