Legal Question in Immigration Law in New Jersey

Hi,\nGreetings and God Bless to everyone. I\'m a tourist here in the US and I would like to work as a nurse. I am a licensed Physician and nurse in my country and I also have a nursing license in Massachusetts. Currently there is retrogression in the visas so my chances of getting hired and have a working visa is slim for now I understand. I can stay here until December which gives me time to try to look for ways so I could extend my stay permit. So that is actually my question, what are the ways to extend my stay here so once the visa opens or employers start hiring again.... I have the advantage of already being here and apply on the openings right away. I have talked to several agencies but they told me that retrogression is still active so they could not do anything. Some people are saying that I have a chance of getting hired and just settle for the working visa which are actually available. Not to clog this query with too many questions but in general what are my options as far extending my stay here is concerned so I could wait for the retrogression to be lifted? Thank you for taking time to read this letter and may you all have a great day ahead of you...


Asked on 7/30/09, 11:06 am

2 Answers from Attorneys

Rachel Baskin Rachel Baskin, Attorney at Law

USCIS is becoming very strict with respect to extending tourist visas. There may be other options for you as a nurse, but it is not clear when visa numbers will be available again. You should consider speaking with an immigration attorney who will be able to advise you regarding visa number availability, the process for nurses, and any other options that you might have which would allow you to remain in the US.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

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Answered on 8/04/09, 11:13 am
Antoinette Wooten The Wooten Legal Consulting, PC

I would need more information regarding your particular case before I can comment on it properly.

However, you say that you are a TOURIST which means you have a B2 visa which means you are classified as a temporary visitor for pleasure.

In order to extend your visa you will have to tell the US immigration service how you intend to pay for your cost of living while you extend your stay in this country. I am sure when you obtained the B2 visa you were told you could not work with that visa.

I must also point out that any employer who is looking for nurses must first try to find a nurse who is a legal resident before they can offer it to anyone one else.

Yes, a lot of agencies who normally hire overseas nurses are not able to do so right now because most hospitals are cutting back on their medical staff, or shutting down.

No one can say how long the retrogression will last so you might be waiting for a long time.

Working visas are given when an employer applies for them on behalf of their employees (the visas can be a H-1B, J-1, O-1, TN, E2 visas). Note, the fact that these visas are all non-immigrant visas and are time limited for example the H-1B runs for 6 years only.

Patricia Martin-Gibbons

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Answered on 8/07/09, 10:38 am


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