New scam: Greencards for caregivers in three months

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 US 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 US 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 US newspaper "offering" the job to US 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.

Three offices to serve you:

Los Angeles: 219 North Brand Boulevard, Glendale, California, 91203 Telephone: (818) 543-5800

San Francisco: 601 Gateway Boulevard, Suite 460, South San Francisco, CA 94080 Telephone (650) 827-7888

Philippines: Heart Tower, Unit 701, 108 Valero Street, Salcedo Village, Makati, Philippines 1227 Telephone: 894-0258 or 894-0239