by Chris Musillo

MU Law is aware that the USCIS has been denying/issuing RFE/NOIDs on I-140s when nurses hold a BSN. The USCIS somehow has been finding that BSN nurses are not qualified for nursing positions that require an Associate’s degree in nursing (ASN). USCIS claims that the I-140 should be denied because the BSN does not meet the exact requirements on the ETA Form 9089.

This is ridiculous decision-making by USCIS. The BSN is, of course, a higher degree than an Associate’s degree. BSN nurses are more than qualified for these positions. The law is clear that any I-140 beneficiary can have additional skills, experience, or education beyond the requirements stated in the ETA Form 9089 and still meet the minimum requirements of the position.

MU Law and others have reached out to USCIS through AILA, suggesting that this is a training issue at USCIS . As per a recent AILA update, USCIS is looking into this issue. We hope to have a positive update soon.

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