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With a H-4 Visa, May I File I-140 Application as a Registered Nurse?

Dr. William:

I am from China and just passed the license exams for a Registered Nurse (RN). My husband has a H-1B visa, but his employer would not like to support his Green Card application. With a H-4 visa, may I file I-140 application as a Registered Nurse?

Answer:

As a Registered Nurse, you need an employer and its sponsorship to file the I-140 petition, and you can not file the I-485 now since the priority dates have retrogressed for nurses and other EB3 cases for those aliens from India, mainland China, or the Philippines. A nurse's I-140 application should be filed by a person's employer to sponsor the case.

The green card application cases that do not need an employer's sponsorship are the EB1 - Extraordinary Ability or EB2 - National Interest Waiver, which can be self-sponsored without an employer's help. All other employment-based categories generally require employer's sponsorship.




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