Mainy1129

Hi

In an extension to some other threads I just wanted some advice before my company files my visa application

They were planning on putting on Specialist knowlege L1b however even though my job is Clinical IT Im also a Registered Nurse and I have read that this omits the need for Labor Cerificate.

Therefore do they keep me on L1B and apply for Green card without Labor Cerificate as RN OR can they put me straight on L1a as Im a Nurse or is this just managers?

Not sure of process does RN get you an L1A or just omit the Labor Certificate

Advice gratefully recieved

C

christmasoompa

No a clue, but I'm intrigued as to how a nurse qualifies for an intra-company transfer visa! What kind of company do you work for?

Sorry, I know it's no help, but it's just so unusual that I had to ask!

Mainy1129

Im a Clinical IT specialist but am just still a Registered Nurse as Ive kept up my Registration.

Ive worked in Clinical IT for over 8 years and have specilist knowledge in many IT systems and of course can help them Clinically too

Hawkini

L-1 Visas don't need labor certification - so it would make no difference...

ian-mstm

That may be true, but it doesn't seem that you aren't being transferred based on your nursing skills.

Ian

Mainy1129

Hi

As we want to apply for Green card as soon as this is the reason I would like to clarify rather than the L visa itself

Hawkini

And I think this is the reason even for a green card being a registered nurse wont matter - Labor Certification is based on the job you are filing a I-140 for - not for what you *might* do. Part of the requirements are that approval of a I-140 is based on the PERM and the sponsoring employer still has the job open for you that no other American was available to do.

christmasoompa

Ah, I see. Got it (well, sort of!). So you being a nurse isn't actually related to your visa application?

Mainy1129

kind of.. thats why they want me as being a Nurse and a Clinical IT Specialist.the skills and registration make me more knowledgable for the role, would they have to change me to L1a then green card application without labor certificate or do L1a instead of L1b initially?

ian-mstm

I guess if someone was injured in the server closet you could help. Besides though, you'd need to be licensed in which ever state you go to... and your foreign qualifications may or may not be sufficient.


I understand why you want to make this work... but


... they aren't obligated to do anything.

It might work... the long time members have seen some strange situations get approved so it's worth a shot.

Ian

Mainy1129

Ian , I do go out to hospitals not just working in the depths of the dark IT department

But yes I see what you are all saying, I suppose its work a try just thought if my RN status didnt need a labor certificate it may make the perm residency application quicker, which im hoping for within 3.5 years before my eldest turns 21

GeoffM

I would imagine it's the combination of skills rather than just nursing, or just IT. After all, IT peeps are ten a penny, as are nurses. But IT people that understand the medical side of things are probably a lot more rare. That was kind of my role at my previous company, and the basis of my petition - I bridged the knowledge gap between software and the rail industry. I wasn't remarkable in my software skills or in rail, but the combination was rare and, I guess, more remarkable.

Flabound oneday

RNs need to have their transcripts certified first to see they are then able to sit the Nclex exam. once you have passed that then you can apply to your state board for a license.Until then you are NOT an RN. you might want to get some legal advice

jjmb

Does your current post have any managerial responsibilities? Do other people report to you? If so, you can get a LIa visa which requires no labor certification. If you had that visa, you could start the application for a green card as soon as you arrive as long as your company agrees to it.

HarryTheSpider

It sounds like your role is an IT-focused role in a medical/health environment, to the extent that being a registered nurse is seen as a key criteria for being successful in your role.

The specialist knowledge and what makes you unique such that a US citizen can't be found to do your job is a combination if the following:

1 - IT skills and experience
2 - registered nurse, so you can do your IT job in the employer's environment
3 - experience with this unusual environment and specific role in the company.

By themselves, 1 and 2 are individually not remotely unique. Together they are unusual. I believe the clincher is when you then add in 3, the specialist, highly relevant & unique experience in the role, in your specific employer's culture, systems etc.

This the route my employer and I took when we came over on the L1 path.it became quite straightforward. Our employer applied for our Green Cards a year after we arrived. We should get them in April, about 2.5 years after we arrived here.

Good luck!

Harry