Retrogression Update: What to Expect in the Coming Months

RETROGRESSION UPDATES

Fiscal Year. October is the start of the fiscal year. This means that beginning next month, a new set of 140,000 visa numbers will become available again for the Employment-Based 3rd Preference Category (EB-3) as mandated by law. Does this mean that the visa retrogression has ended? The answer is NO. This, however, means that nurses with approved I-140 petitions who have priority dates before March 2003 may see some movements on their cases.

Comprehensive Immigration Reform (CIR). In a statement last month before leaders of Canada and Mexico, U.S. President Barrack Obama said that the chances of an immigration reform being passed by the U.S. congress this year is slim. He added that he doesn't want his efforts on health care, global warming and the financial crisis to be hampered by another major issue such as immigration.

Setbacks in the Senate. Two senators who are known supporters of the CIR have resigned. Texas Senator Kay Bailey Hutchison, known for her efforts in healthcare visa reform, is resigning to run as Governor of Texas. Florida Senator Mel Martinez is also resigning before his term ends to spend more time with his family.

Emergency Nursing Supply Relief Act. This proposed legislation offers a glimmer of hope for those stuck in the visa backlog. If passed, up to 20,000 visa numbers will become available to qualified nurses and physical therapist over a 3-year period. While the bill has been referred to the appropriate committee, immigration experts doubt whether it will be acted upon anytime soon as congress have expressed its desire to consolidate all immigration-related bills into one Comprehensive Immigration Reform package.

BusinessWeek: Are Nursing Shortages Causing Deaths?

A nonprofit group's report says more immigrant nurses and training programs are needed to ease patient suffering

By Moira Herbst

The U.S. is facing a severe nursing shortage, and it's causing increased death and illness for American patients, says a report released on Sept. 5 by the National Foundation for American Policy (NFAP), a free market-oriented nonprofit group. As baby boomers are aging and require more care, the U.S. could face a shortage of one million nurses by 2020, according to the U.S. Department of Health and Human Services.

Relieving patient suffering amid the growing crisis will require both investment in U.S. nursing training and boosting the numbers of immigrant nurses admitted to the country, says the NFAP study.

Read full story at BusinessWeek

Related Links:

Nursing Shortage in the Philippines Article

National Foundation for American Policy (NFAP) Report

Step-by-step Guide: NCLEX Application Process

Here's a quick HOW-TO guide in applying for RN licensure (NCLEX) in any U.S. state.

Step 1. Determine which state you intend to work in.

There are many considerations in choosing a state. One would be the prevailing wage rate in the area. This should be considered in relation to the state's tax rates, cost of living, etc. Another consideration is familiarity. Some people prefer to apply for licensure in states where they have friends and relatives already living there. A third consideration is whether or not the state participates in the Nurse Licensure Compact (NLC). The NLC is a mutual recognition model of nurse licensure allowing a nurse to have one license but is permitted to practice his/her profession in other participating states.

Step 2. Visit the chosen state's website.

U.S. nursing state board websites are listed at the National Council of State Boards of Nursing (NCSBN) website at www.ncsbn.org. A complete list of U.S. state boards is also available for download here.

Step 3. Download instructions, application form, and fingerprint cards.

Each state has its own application process and requirements. This is listed at the website of the state. Read and follow the instructions carefully as incomplete or incorrectly filed applications are usually set aside or placed on hold.

Step 4. Submit application forms, payment, and all other requirement as soon as possible.

The length of time of processing an application varies from state to state. There are several reasons for this. One is the volume of applications received by the state. California, for example, may take 4-6 months to make an applicant eligible for the exam. New mexico and Vermont, on the other hand, approves applications in 2-4 months. The only factor that the applicant can control in the application process is the timely submission of the required documents. It is also important to make periodic follow-ups on the status of the application. Usually, a contact e-mail address is provided by the state for such purpose. Some states, Vermont for example, post the application status on their website.

Step 5. Once made eligible, register immediately at PeasonVue.

All NCLEX examinations are administered by PearsonVue Professional Centers. Every eligible applicant must register at PearsonVue to schedule an exam. Scheduling may be done through phone or via the internet. After scheduling the exam, an Authorization to Test (ATT) will be issued to the applicant. This document contains the applicant's name and exam schedule among other things. The ATT and one valid form of identification (Passport) is required for admission at the exam venue.

Related Article:

• Tips in Preparing for the NCLEX Exam
• Study Tool: Animated Human Atlas

U. S. Department of State Revises July 2007 Visa Bulletin; Retrogression is Back

RETROGRESSION UPDATE

The U.S. Department of State (DoS) today (July 2 in the US, July 3 in the Philippines) issued a revision on its previously released July 2007 Visa Bulletin effectively retrogressing all employment-based visa numbers.

Last month, the U.S. Department of State released its July 2007 Visa Bulletin reflecting all employment-based visa petitions becoming "current" beginning July 1, 2007.

However, the sudden backlog reduction efforts by the U.S. Citizenship and Immigration Services (USCIS) offices during the past month have resulted in the use of almost 60,000 employment-based visa numbers.

This means that the nurse visa retrogression is again in effect.

Related Links:

• Department of State Bulletin Update for July 2007
• USCIS Notice

Related News:

• Retrogression Lifted Temporarily (June 14, 2007)
  

Retrogression Lifted Temporarily; Senators Looking to Revive Stalled CIR Bill

RETROGRESSION UPDATE

The US Department of State has released its Visa Bulletin for July 2007. The bulletin includes a summary of available immigrant visa numbers. Effective July 1, 2007, all employment-based immigrant petitions will become "current."

This means that the backlog in the issuance of immigrant visas to qualified nurses is over albeit temporarily.

The Hammond Law Group (HLG), a law firm specializing in immigration cases, explains the bulletin's implication to nurses.

What does this mean?

For applicants waiting for interviews at the consulate: The foreign national may proceed with the consulate interview after the National Visa Center or the consulate schedules an interview. It is expected that it will take the NVC some time to begin issuing appointment dates, as there are thousands of cases that have stacked up during the period of retrogression.

For applicants with labor certification approvals: the foreign national may proceed with concurrent filing of the I-140 and I-485 applications.

For applicants with approved I-140 petitions: The foreign national may proceed with the I-485 Adjustment of Status or consular interview, depending upon which option the foreign national is choosing.

For applicants in the U.S. on temporary status who are eligible to bypass labor certification (e.g. registered nurses, physical therapists, National Interest Waivers, Exceptional Ability Aliens, etc.): The foreign national may proceed with concurrent filing of the I-140 and I-485 application.

However, the relief is only temporary and may only last until October this year as the category is always over-subscribed as the United States Citizenship and Immigration Services (USCIS) is only allowed by law to approve approximately 140,000 employment-based immigrant visa petitions annually. Moreover, dependents are also counted against the yearly quota.

Meanwhile, Key Republican and Democratic senators are reaching for a deal to resurrect their stalled immigration compromise by requiring that some $4 billion be spent on border security and workplace enforcement.

U.S. President George W. Bush met with key Republican leaders in Capitol Hill this week to rally support for his pet bill.

Passage of a comprehensive immigration reform bill is largely viewed in the healthcare industry as a long-term solution to the recurrent problem of nurse visa retrogression.

Retrogression Drags On As US Senate Withdraws Controversial Immigration Reform Measure

Retrogression Update ...

The debates in the United States Senate on the proposed Comprehensive Immigration Reform (CIR) bill bogged down less than three hours ago after Democratic leader Harry Reid withdrew the controversial measure.

The move came after Republican Senators voted twice within nine hours to block the measure from moving towards a final vote.

"A group of Senate Republicans has irresponsibly turned its back on border security and the 12 million people who are living in the shadows of our society," said Reid.

Republican leader Mitch McConnell meanwhile complained, "I think we are giving up on this bill too soon."
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Reid pointed out that the bill was not dead yet. He pledged to carry on working to pass an immigration reform bill but added, "We are finished with this for the time being."

"We are very close, at some point we are going to do this."

But a crowded Senate calendar and the looming Presidential elections complicates its prospects of being passed this year. The measure's chances are even murkier in the House, where Democratic leaders have warned that they don't plan to act on the divisive issue until the Senate has finished work on it.

ANA and NYSNA Throw Support Behind Embattled Filipino Nurses

The 26 filipino nurses and 1 physical therapist, facing criminal charges in New York for child endangerment, got the support of the American Nurses Association (ANA) and the New York State Nurses Association (NYSNA).

In a press statement released June 1, 2007. ANA and NYSNA jointly condemned the exploitation of immigrant RNs by unscrupulous U.S. employers and called for better enforcement of immigration laws.

ANA President Rebecca M. Patton, RN, MSN, CNOR said, "These brave nurses deserve the nursing community’s full support because they refused to remain in a situation where patients were being denied the kind of care and staffing they deserved."

She added, "The real patient endangerment lies in the deplorable conditions that led the nurses to leave."

NYSNA interim chief executive officer, Tina Gerardi, RN echoed Patton's sentiments. "This case may be just the tip of the iceberg. Nurses who come to the U.S. deserve to have their rights protected," said Geradi.

The NYSNA learned about the nurses’ plight last month and assisted them in getting a hearing before the New York State Board for Nursing after Sentosa Care, LLC accused them of professional misconduct.

"Those charges were dismissed by the state board. We are greatly concerned these RNs are now being prosecuted for the same actions." Gerardi added.

The ANA is the only full-service professional organization representing the interests of America's 2.9 million registered nurses through its 54 constituent member nurses associations.

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The 'Sentosa 27' are expected to participate in the New York Philippine Independence Day parade on June 3 (June 4 in the Philippines), where they will receive support from both the Filipino and American nursing communities.

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Related Link:

American Nurses Association Press Statement

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Related News:

Online Petition for 'Sentosa 27'

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Proposed CIR Bill to Abolish 'Schedule A Category'

RETROGRESSION UPDATE

Good News: A few days ago, the US senate announced that they have reached a 'deal' on the polarized issue of Immigration Reform.

Bad News: The supposed deal eliminates the 'Schedule A Category'

Passage of a long-overdue immigration reform law by the US legislature would mean resolution of the retrogression affecting thousands of filipino nurses awaiting deployment to the United States. At present, visa issuance is on hold due to a backlog in visa numbers. This is called retrogression.

Nurses and Physical therapists are listed as 'shortage occupations' by the US Department of Labor in a category called, Schedule A. As such, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the US Department of Labor for a labor certification as required by state regulations.

The compromise reached last week by the US senate, however, removes this category and replaces it with a new "merit-based" point system.

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Also, the proposed increase in the H-1 visa quota does not sufficiently meet real world demands. The bill allocates an additional 115,000 H-1 visas to the current cap with 20% annual buffers not exceeding 180,000. However, it can be recalled that 65,000 visa allocations were used up within just a day after the USCIS started accepting applications in April this year.

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Click HERE to read the draft of the proposed CIR bill.

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Related News:

Deal Is Reached in Senate on Immigration (NY Times)

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Advocacy Link:

AILA Advocacy: Oppose Unworkable Measures in Senate CIR Proposal

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