Tuesday, May 30, 2017


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.


  1. Hi MU,
    I am a Filipino BSN nurse and my I-140 was denied last February. Does this article means that more BSN nurses with EB3 petition will likely get a denied decision, not until AILA clarifies this issue with USCIS? For the meantime, is there any possible better option for BSN nurses, to have a greater chance of having an approved I-140?

    1. We are seeing inconsistent denials and approvals. Our hope is that we can get the USCIS to understand what they are doing wrong.

    2. I am praying so hard for the enlightenment of the USCIS and finally to get an approved decision on my refiled case. Thanks MU and more power

  2. Hi MU Law,

    I am a Nurse from the Philippines. I would like to clarify, if i already have an approval notice from USCIS for the I-140 petition and the case was already transferred to NVC, will i be affected of this?

    Thank you

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  4. Hi Rose, was your application denied outright or did you get a request for evidence first? How long did it take to get a decision?

  5. I noticed that as of May 31, Nebraska Service Center removed i-140 Advance degree or exceptional ability category on their list, they only processed until sept 16, 2016 and my priority date was Sept 19, 2016. What does that mean? Does it mean my i-140 has been denied? Thank you!

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  9. Hi, My EB2 I-485 AOS got denied last 5/24/2018, my eb3 in the philippines is already current. Can i still go back to the Philippines for the consular processing? Am i considered banned to re-enter the US?