MU Law is aware that the USCIS hasbeen denying/issuing RFE/NOIDs on I-140s when nurses hold a BSN. The USCIS somehow has been finding that BSNnurses are not qualified for nursing positions that require an Associate’sdegree in nursing (ASN). USCIS claimsthat the I-140 should be denied because the BSN does not meet the exactrequirements on the ETA Form 9089.
This is ridiculous decision-makingby USCIS. The BSN is, of course, ahigher degree than an Associate’s degree. BSN nurses are more than qualified for these positions. The law is clearthat any I-140 beneficiary can have additional skills, experience, or educationbeyond the requirements stated in the ETA Form 9089 and still meet the minimumrequirements of the position.
MU Law and others have reached outto USCIS through AILA, suggesting that this is a training issue at USCIS . As per a recentAILA update, USCIS is looking into this issue. We hope to have a positive update soon.