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Foreign RN fails to pass NCLEX for license... what now?

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  • Foreign RN fails to pass NCLEX for license... what now?

    Hello,

    Situation: A foreign-educated RN living outside the US obtains a Permanent Residence Card after having gone through the process (sponsorship, VisaScreen including CGFNS examination, I-140, consular processing, etc). Despite good faith preparation efforts and repeated test attempts, the RN fails to pass the NCLEX-RN and cannot work as an RN.

    Questions:
    Can the Permanent Residence Card be revoked – because the RN is not working as an RN, the basis for being granted admission as a permanent resident?

    Can the sponsor employ the RN in some other position while RN is attempting to pass the NCLEX-RN?

    Permanently? Say as an LPN if RN can get LPN license? In effect, working permanently - with no definite intent to change - in a capacity other than and less than what petition was based on?

    If this occurs repeatedly and systemically – such that the participants in the system know there is a very high (50/50) chance that the RN will fail – is it not tantamount to some form of visa fraud?

    Curious,

    El Moro

  • #2
    Hello,

    Situation: A foreign-educated RN living outside the US obtains a Permanent Residence Card after having gone through the process (sponsorship, VisaScreen including CGFNS examination, I-140, consular processing, etc). Despite good faith preparation efforts and repeated test attempts, the RN fails to pass the NCLEX-RN and cannot work as an RN.

    Questions:
    Can the Permanent Residence Card be revoked – because the RN is not working as an RN, the basis for being granted admission as a permanent resident?

    Can the sponsor employ the RN in some other position while RN is attempting to pass the NCLEX-RN?

    Permanently? Say as an LPN if RN can get LPN license? In effect, working permanently - with no definite intent to change - in a capacity other than and less than what petition was based on?

    If this occurs repeatedly and systemically – such that the participants in the system know there is a very high (50/50) chance that the RN will fail – is it not tantamount to some form of visa fraud?

    Curious,

    El Moro

    Comment


    • #3
      At a guess (I'm not a lawyer), it sure sounds like it'd be fraud if the company is employing her in a different position and at a salary lower than the labor certification was based on.

      Comment


      • #4
        Can't you take the test again? Now you know what your week points are so you can work on those areas and hopefully pass on the next attempt.
        Have a nice day

        Comment


        • #5
          what the steps and waiting time for one to be employed as a RN?

          my friend here as a f-1 student. She will get an associate degree and will have an RN from NY. where does she go from there?

          Comment


          • #6
            My sympathy with your friend. As a foreign nurse I know how difficult these exams are.
            1. Visascreencertificate:what does it say? -it is suppose to state her profession.
            2.The employer can only employ her in the position she is licenced for. In order for her to practice as RN, she has to pass the NCLEX and apply for license in the State she wants to work.Same goes for LPN (without NCLEX).
            3.There is no limits on how often one can/cannot take the NCLEX. No-one knows for sure what the results would be unless the nurse takes the test. Who knows? This might be just her last time.

            Good luck

            Comment


            • #7
              Hello Elmoro, we have the same case in the nursing home where I'm working right now. She's supposed to have a 3 year contract with the facility, but she left pre-maturely. She came here from the Philippines with all the works (I-140,TOEFL,TSE,TWE,CGFNS). She took the NCLEX-RN but she failed, she took the LVN test and she fortunately passed. She left the facility only after she has worked there for a year, and she's still an LVN at this time and she's working full time with another nursing home. As far as I can remember the employer can report her to immigration because of breech of contract, but the owner of the nursing home is really nice so she did not do that (report her). That nurse is not really good and she has a very bad attitude, I was tempted to report her to CIS at some point because she's just sooo arrogant. Well, at any rate I believe in "karma", she will have her bad days too. Hopefully your friend passed,have a great day.

              Comment


              • #8
                Can't help but think that immigration may not discover the discrepancy between the position she received the GC for and the work she's currently doing, but will if and when she tries to apply for naturalization.

                Comment


                • #9
                  Originally posted by lexlee1213:
                  Hello Elmoro, we have the same case in the nursing home where I'm working right now. She's supposed to have a 3 year contract with the facility, but she left pre-maturely. She came here from the Philippines with all the works (I-140,TOEFL,TSE,TWE,CGFNS). She took the NCLEX-RN but she failed, she took the LVN test and she fortunately passed. She left the facility only after she has worked there for a year, and she's still an LVN at this time and she's working full time with another nursing home. As far as I can remember the employer can report her to immigration because of breech of contract, but the owner of the nursing home is really nice so she did not do that (report her). That nurse is not really good and she has a very bad attitude, I was tempted to report her to CIS at some point because she's just sooo arrogant. Well, at any rate I believe in "karma", she will have her bad days too. Hopefully your friend passed,have a great day.
                  We hope to pass and avoid this. But you say the nurse can be reported to the CIS due to breach of contract? My question is what would they do - she has the green card, which is ticket to ANY employment, right? Related question is what is the real value of an employment contract, enforcablity, etc.? El Moro.

                  Comment


                  • #10
                    Elmoro, According to our previous DON(he was the one who did her stuff with CIS), it can be a ground for deportation 'coz she did not meet the requirement for an I-140 petition, 'coz an LVN title is not considered a "professional job" and it doesn't qualify for an I-140, but I'm not sure about it though. It's just not fair 'coz that LVN has already moved to a better job now and me, I have been working with that same facility for almost 2 years now and still don't have my GC yet(my I-485, is still pending with CA service center) and I'm already an RN. By the way, that same DON told me that CIS is taking employment contract seriously, and they are looking into that when something goes wrong. lexlee

                    Comment

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