June 2012 Visa Bulletin

RETROGRESSION UPDATE

It's been a while since we last wrote about monthly visa bulletins issued by the American State department here at Pinoy RN. So let's see what's new in the visa front.

The visa bulletin for June 2012 has been out for more than a week now and Hammond Law Group made a very good table showing the movement of employment-based immigrant visa 3rd preference.

Click to enlarge. Table courtesy of Hammond Law Group Website

The table above shows that in June last year, Filipino nurses waiting since  September 15, 2005 (or earlier) were seeing progress in their immigrant petition to work in the United States. Fast forward to today, and we see that the priority dates moved nine (9) months.  

While still retrogressed, the monthly visa bulletins show a slow but consistent progress in the processing of nurse petitions.

Retrogression Update: August 2010 Visa Bulletin Shows Movement in EB-3 Preference

RETROGRESSION UPDATE

The visa bulletin for August 2010 released by the U.S. Department of State shows the cut-off date for Filipino Nurses at June 1, 2004. This is a major improvement considering that the July 2010 visa bulletin indicated a cut-off date of August 15, 2003.

The positive trend is expected to continue until October this year with cut-off dates expected to reach September 2004 as reported last month by Pinoy R.N.

In other news, the California Board of Registered Nursing (BRN) is providing options for foreign-educated nurses who were affected by the recent social security number (SSN) requirement.

According to the Hammond Law Group, an immigration firm in the U.S., affected applicants may request the BRN to provide the NCLEX test results to another U.S. state (such as one that does not require a social security number). This option requires a $10 processing fee. If, however, an applicant needs the BRN to provide the NCLEX-RN test scores to ICHP (CGFNS) for the Visascreen, the BRN will be collecting a $60 filing fee.

July 2010 Visa Bulletin Shows Possible Movement in EB-3 Category

RETROGRESSION UPDATE

The U.S. State Department has released the July 2010 Visa Bulletin showing the cut-off date for Filipino Nurses at August 15, 2003. This means that nurses with priority dates on or before the said date will have visa allocated to them.

In the same bulletin, Employment-Based Category 3 visa numbers (EB-3) for the Philippines are projected to advance to September 2004 by October this year. 

However, this estimation is based on current indications of demand.  It is possible that some annual limits could be reached or that some preferences could retrogress prior to the end of the fiscal year. 

Related Link:

Visa Bulletin for July 2010

Bill Ending Retrogression Filed by Illinois Congressman

RETROGRESSION UPDATE

This week, Democratic lawmakers led by Rep. Luis Gutierrez (D-Illinois) filed a new comprehensive immigration reform bill giving renewed hope to Filipino nurses.

The bill dubbed, "Comprehensive Immigration Reform for America’s Safety and Protection" (CIR ASAP) brings forth the following if passed into law:

• Recapture of unused visa numbers from fiscal years 1992 up to 2008; 
• Automatic roll over of unused visa numbers to the next fiscal year. This will ensure that all unused visa allocations will become available for future use; 
  
• Increase in the visa quota per country by allowing more visa numbers; 
• Exemption of spouses and children from the annual quota. This means family members of an eligible nurse will no longer be counted against the visa quota allowing more visa numbers to be allocated for more nurses; and 
• Nurses already in the United States (U.S.) may file for I-485 Adjustment of Status even when priority dates are not current provided the applicant pays a $500 supplemental fee. This means that nurses who are already in the United States on tourist visa, student visa, or any other lawful status including those out of status for a period of less than 180 days can proceed with the I-485 application and obtain work authorization and may remain legally in the U.S. while the application is being processed.

The CIR ASAP bill, similar in form and substance to previous immigration reform packages before it, faces tough challenges ahead. A few months back, Obama said he wanted to tackle immigration but not until next year adding that he wants healthcare reform addressed first.

But with a congress and an executive controlled by Democrats, things are looking up for those looking for Schedule A relief.

Pinoy R.N. will be following the progress of this bill closely. For updates on this topic and other nursing news, submit your e-mail address to our mailing list below.

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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.

Retrogression Update: Emergency Nursing Supply Relief Act (H.R. 2536)

RETROGRESSION UPDATE

In May this year, United States Congressmen Robert Wexler (D-FL) and F. James Sensenbrenner (R-WI) introduced the Emergency Nursing Supply Relief Act (H.R. 2536).

The proposed legislation is very much similar in form and substance to last year's H.R. 5924. If approved, up to 20,000 visas per year, over a three year period, will be available to qualified registered nurses and physical therapists.

Hammond Law Group recently reported on its immigration blog that the bill has gotten the support of the American Staffing Association (ASA).

Meanwhile, tracking website govtrack.us reports that the bill has been referred to the appropriate committee.

The Full Text of Emergency Nursing Supply Relief Act (H.R. 2536) available below.

Click here to open H.R. 2536 in Full Screen.

Retrogression Update: May 2009 Visa Bulletin Released; EB3 Unavailable Until October 2009

RETROGRESSION UPDATE

The U.S. Department of State has released the Visa Bulletin for May 2009 with more bad news for would-be immigrants.

	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
Employ-ment -Based
1st	C	C	C	C	C
2nd	C	15FEB05	15FEB04	C	C
3rd	U	U	U	U	U
Other Workers	U	U	U	U	U
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th	C	C	C	C	C
Targeted Employ-ment Areas/ Regional Centers	C	C	C	C	C
5th Pilot Progams	C	C	C	C	C

The May 2009 Visa Bulletin shows the employment-based immigrant visa category 3rd preference (EB-3), where filipino registered nurses are usually petitioned under, to be unavailable. This means that visa numbers for the fiscal year has been completey exhausted.

Visa Bulletins for June, July, August, and September are expected to reflect the same information.

Related Link:
Visa Bulletin for May 2009

H-1B Visa for Registered Nurses

The H-1B is a non-immigrant, work visa issued to professionals who belong to select group of "specialty occupations" defined in the U.S. Immigration and Nationality Act as one requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor. A bachelor's degree or its equivalent is usually required in these occupations.

Generally, registered nurses (RNs) do not qualify for an H-1B visa because in order to qualify for an H-1B visa, an employer of a nurse must show that:

1. a bachelor's or higher degree (or its equivalent) is normally the minimum requirement for entry into the position; and

2. the degree requirement is common to the industry for parallel nursing positions (i.e., employers in the same industry require their employees to hold the degree when they are employed in the same or a similar position).

Since the minimum requirement to be licensed as an RN in the United States is generally a two-year associate's degree in nursing, a typical RN position is not considered as a "specialty occupation."

However, there exists a few exceptions as outlined in an internal INS memo. The following advanced RN positions may qualify for an H-1B Visa:

1. Administrative Nurse Positions (i.e. Nurse Managers);
2. Advanced Practice Registured Nurses (i.e. Clinical Nurse Specialists, Nurse Practitioners, Certified Registered Nurse Anesthetists, Certified Nurse-Midwife); and
3. Specialty-Nurses (i.e. Critical Care and Peri-Operative Nurses).

Meanwhile, the United States Citizenship and Immigration Services (USCIS) on Friday announced that it will begin accepting H-1B petitions subject to the fiscal year 2010 (FY 2010) cap on April 1, 2009.

65,000 visa numbers are allocated each year for the H-1B category.

Bill Creating Special Non-Immigrant Visa Category for Foreign Registered Nurses Introduced

RETROGRESSION UPDATE

A bill has been filed in the U.S. Congress seeking to create a special non-immigrant visa category for filipino nurses and other foreign registered nurses.

The proposed legislation dubbed, "The Nursing Relief Act of 2009" (H.R. 1001), will create a temporary W Visa category for registered nurses. It will work in a very similar way as the H-1B visa except that the category is exclusive to registered nurses.

The proposed W Visa cateogory will have a yearly numerical limit of 50,000. However, the cap may be increased depending on the demand for foreign nurses. A W Visa will be valid for three (3) years at a time.

Meanwhile, the U.S. State Department has released the Visa Bulletin for April 2009 and it shows that the priority dates for the visa classification, where filipino registered nurses are under, has retrogressed further to back to March 2003 from May 2005.

Related Link:

Full text of The Nursing Relief Act of 2009 (H.R. 1001)

Visa Bulletin for April 2009

Retrogression Update: CIS Ombudsman Issues Recommendations in Improving the Processing of Nurse Visas

RETROGRESSION UPDATE

Recognizing the worsening nursing shortage in the United States and its effect on the U.S. healthcare and economy, the U.S. Department of Homeland Security through the Office of the Citizenship and Immigration Services (CIS) Ombudsman has issued a memo outlining several recommendations in expediting the processing and approval of nurse visas.

After conducting several meetings with nursing organizations and stakeholders, the CIS Ombudsman acknowledged that the limited number of nurse visa remains to be the primary hindrance for many immigrants and non-immigrants seeking employment in the United States.

While it conceded that the number of visas available can only be addressed through legislation by the U.S. congress and senate, the CIS Ombudsman has identified the following points in facilitating the processing of immigration applications.

In a memo released last Friday, the CIS Ombudsman recommends that the USCIS:

1. Separate and prioritize Schedule A green card nurse applications so that they can be expedited, without the requirement of a written request, upon immigrant visa availability;
   
2. Centralize Schedule A nurse applications at one designated USCIS service center to facilitate more efficient and consistent processing of Schedule A applications; and
   
3. Regularly communicate with DOL and develop points of contacts at DOL to discuss concerns and direct inquiries regarding the processing of nurse immigration applications.

A copy of the CIS memo to the USCIS has been obtained by Pinoy R.N. and is available below.
Click here to enlarge the CIS document.

Related Link:

• January 2009 Visa Bulletin

Retrogression Update: Obama Outlines Immigration Policies

RETROGRESSION UPDATE

As americans count the days before Obama formally takes office on January 20 next year, filipino nurses are also looking forward to how an Obama presidency will positively impact their american dream in the midst of a seemingly never-ending visa retrogression.

On his website, President-elect Barack Obama has outlined his administration's approach in addressing the ever-polarizing issue of immigration. Obama's immigration policies can be summarized by these three points:

1. America's borders must be secured
2. America's immigration system must be improved
3. Provide a path to legalization for undocument immigrants

What's vital for filipino nurses is Obama's resolve to fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill.

The prospect of the visa retrogression getting lifted in 2009 is good if Obama's blueprint for change becomes a reality.

"The time to fix our broken immigration system is now… We need stronger enforcement on the border and at the workplace… But for reform to work, we also must respond to what pulls people to America… Where we can reunite families, we should. Where we can bring in more foreign-born workers with the skills our economy needs, we should."

-- Barack Obama, Statement on U.S. Senate Floor
May 23, 2007

Related Article:

• Retrogression Prospects in an Obama Presidency

Retrogression Prospects in an Obama Presidency

RETROGRESSION UPDATE

Two days ago, Americans made history in voting Barack Obama as America's first black President. Obama's 4-year term as President officially starts on January 20, 2009. He is America's 44th President.

From a filipino nurse's perspective, the question looms -- What does an Obama presidency mean to the lingering visa retrogression?

To answer this question, Pinoy R.N. looks at Obama's immigration record as a Senator of the State of Illinois, said to be one of the immigration-friendly states in the United States of America.

Considered as a political neophyte, information on Obama's immigration stand is rather scarce as opposed to his defeated rival, Sen. John McCain.

McCain is widely known as pro-immigration being one of the primary movers in last year's stalled Comprehensive Immigration Reform (CIR) bill. McCain's conviction, however, waned as the U.S. presidential campaign went full swing even hinting in one of the debates leading up to the election that he was no longer supporting his pet bill if it were re-introduced. But the McCain angle is now moot.

As we study the retrogression prospects in an Obama presidency, we begin our scrutiny by looking at his political affiliation. Being a democrat, we can surmise that he will be more open to supporting immigration measures similar to the stalled CIR bill last year. This will be beneficial to filipino nures stuck in the midst of retrogression. With regard to Obama's legislative record, things are looking up too. Obama once introduced a bill aimed at improving the speed and accuracy of FBI background checks for intending immigrants. He also supported legislation aimed at keeping immigration application fees affordable.

These limited but strong indicators of Obama's inclinations on the issue of immigration are steps in the right direction as far as filipino registered nurses affected by retrogression are concerned.

Obama built his campaign on the promise of change and change is what filipino registered nurses need.

Reference:

• HLG brief on U.S. Presidential Candidate's Immigration Stand

Related Link:

• Visa Bulletin for December 2008

U.S. Congress Return to Session on Wednesday; House Judiciary Committee Set to Mark Up Key Visa Recapture Bills

RETROGRESSION UPDATE

The House Judiciary Committee will convene on September 10, 2008, Wednesday when the United States Congress return for a short session before going into recess again for the U.S. elections.

Listed in the agenda is the mark up of several visa recapture bills including HR 5924 and HR 5882. Both bills will have a major impact in the backlog reduction, if not, effective lifting of the lingering visa retrogression should it get through the committee level as it ushers the possibility of the entire congress acting on the bills before they go into recess again.

Immigration experts, however, doubt if any real progress can be achieved considering the limited time left.

Meanwhile, some sectors are keeping a positive outlook while quietly gathering support for the pending legislations.

New Jersey Senator Files Bill Recapturing Unused Visa Numbers

RETROGRESSION UPDATE

Early this month, Senator Robert Menendez of New Jersey filed a bill called The Visa Efficiency and E-Verify Extension Act of 2008.

The proposed legislation seeks to recapture unused or unclaimed employment-based visas and family-sponsored visas from fiscal years 1992 through 2007. It also provides for a mechanism allowing unused visa numbers in the future to be automatically made available for the next fiscal year effectively reducing, if not, completely eliminating backlogs (retrogression).

Senators Patty Murray (D-WA), Ted Kennedy (D-MA) and Maria Cantwell (WA) are also co-sponsoring the bill.

Meanwhile, the Emergency Nursing Supply Relief Act (HR 5924) is gaining some positive progress in the U.S. Congress as it was voted favorably by the members of the congressional subcommittee on Immigration last August 1st.

The number of congressmen co-sponsoring the bill is now up to 17.

Related Link:
September 2008 Visa Bulletin

July 2008 Visa Bulletin Released; Nurse Visa Category Becomes Unavailable

RETROGRESSION UPDATE

As projected in a Pinoy R.N. report last month, the employment-based 3rd preference (EB3) visa numbers for the month of July are unavailable according to the State Department's most recent visa bulletin (July 2008). The unavailability of the visa numbers for the category where filipino registered nurses belong will persist until the new fiscal year begins in October.

Meanwhile, the Emergency Nursing Supply Relief Act or HR5924 is gaining momentum in the United States congress with ten (10) congressmen co-sponsoring the bill.

HR5924, among others, seeks to lift the current visa backlog (retrogression) by removing the limit on the number of visas that can be issued to nurses.

Formal hearing on the proposed legislation by the subcommittee on immigration, citizenship, refugees, border security, and international law is scheduled on June 12, Thursday.

June 2008 Visa Bulletin Released; No Movement for EB3 Category

RETROGRESSION UPDATE

After two months of rapid movements in the EB3 dates, the June 2008 Visa Bulletin released by the U.S. Department of State today showed that the priority dates for employment-based visas for filipino nurses remain at March 1, 2006.

This lack of movement in the EB3 priority dates is mainly due to the visa numbers nearing its annual cap for the year which may even result to the dates moving backwards temporarily in the July and August Visa Bulletins with the fiscal year nearing its end.

However, the EB3 priority dates are again expected to reflect significant forward movements in October 2008, the first month of the next the fiscal year.

Meanwhile, despite the "not-so-good" news in the June 2008 Visa Bulletin, filipino nurses still have something to smile about with the recent introduction of HR 5924 which, among others, seeks to lift the current visa retrogression by waiving visa quotas for occupations listed under Schedule A. Nursing and PT jobs are considered shortage occupations by the U.S. Department of Labor.

Related Links:

June 2008 Visa Bulletin
May 2008 Visa Bulletin
April 2008 Visa Bulletin
HR 5924: Emergency Nursing Supply Relief Act

Bill Lifting Visa Retrogression Filed

RETROGRESSION UPDATE

Today is labor day in the Philippines and filipino nurses, the best labor export of this nation of 90 million, have something to smile about despite the bleak employment outlook locally.

The Coalition to Improve Healthcare Staffing (CTIHS) made major breakthroughs this week in working to have the employment-based visa backlog (retrogression) lifted as two U.S. congressmen recently introduced HR 5924. Sponsored by Florida Rep. Robert Wexler and Wisconsin Rep. F. James Sensenbrenner, Jr., the bill seeks to achieve the following according to CTIHS prime-mover, Hammond Law Group (HLG):

1. Lifting of retrogression for Schedule A workers. Any immigrant visa quotas or caps are waived for all visa applications filed for Shortage Occupations (Schedule A occupations: Physical Therapists and Registered Nurses), provided that the I-140 is filed prior to September 30, 2011.

2. 20,000 primary beneficiary quota. While there is no retrogression for Schedule A cases filed before September 30, 2011, Consulates may not approve more than 20,000 primary beneficiary visas in any one year. There is no quota for the immediate family members of such beneficiaries.

3. Expedited Review. The USCIS must review -- and approve or issue an RFE -- on all Schedule A I-140 cases within 30 days of receipt.

4. Grant Fee. All primary beneficiary nursing visas issued under this legislation must pay a fee of $1500. Katrina-effected and HPSA employers do not have to pay the fee.

5. Grant Program. These fees will fund a Grant program. Schools of nursing may draw on this fund based on their student populations. The fees are to be used to attract, train, and retain nursing faculty, purchase educational equipment, expand infrastructure, and attract students.

6. Liberalized US Citizenship for some Health Care workers. Time spent by US Permanent Resident Health acre workers in a developing country will not be held against them in their endeavors to become US citizens.

7. Obligation Attestation. Immigrant visa applicants must attest that they do not owe their country of residence or origin a financial obligation. An obligation is defined as financial assistance that the intending immigrant incurred to defray the costs of education in consideration for a commitment to continue to work in that county.

HLG points out that this bill has a very strong chance of passing this year considering Rep. Sensenbrenner's high-profile support. The Wisconsin 5th District congressman is said to be a hardliner when it comes to immigration issues.

Related Link:
Full Text of HR 5924: Emergency Nursing Supply Relief Act

Texas Senator John Cornyn Files Bill for U.S. Global Competitiveness; Seeks to Recapture 61,000 Schedule A Visas for RNs and PTs Among Others

RETROGRESSION UPDATE

In an apparent response to an announcement by U.S. Citizenship and Immigration Services (USCIS) that it received enough petitions, in just 24 hours, to meet the congressionally-mandated cap of 65,000 H-1B visas available for next year, several U.S. Senators have filed a proposed legislation to address what they called an "urgent problem" by promoting United States competitiveness, innovation, and employer access to skilled employees.

Texas Sen. John Cornyn along with Senators Judd Gregg, Joe Lieberman, and Chuck Hagel introduced the “Global Competitiveness Act of 2008” (S.2839) which would give United States employers access to previously unused H-1B temporary worker visas and permanent EB employment-based visas from prior fiscal years.

Explaining the urgency of the bill, Sen. Cornyn said, “Tuesday’s announcement highlights the critical nature of this irresponsible cap. For businesses in Texas, and across the country, to continue to grow, prosper, and create more jobs here at home, they must have the resources necessary to remain competitive in an increasingly global economy.”

“Well-educated, highly skilled workers are key to our country’s competitiveness. Our outdated system has limited the ability of many American companies to recruit and retain top-quality talent. We must address the H-1B visa crisis to ensure that America remains the world leader in innovation,” Sen. Lieberman added.

SALIENT FEATURES OF GLOBAL COMPETITIVENESS ACT OF 2008:

H-2B Temporary Worker Program

• Extends the H-2B Returning Worker provisions for 3 fiscal years

H-1B Temporary Worker Program

• Recaptures 150,000 unused H-1B visas which will be distributed over a 3 year period
• Imposes a H-1B recapture fee of $1,500
• Increases H-1B visa levels from 65,000 to 115,000 for fiscal years 2009 through 2011
• Increases the advanced degree cap for H-1B workers with masters degrees or higher from 20k to 30k for fiscal years 2009 to 2011
• Increases the H-1B petition fee from $1,500 to $2,250

Employment Based Visas

• Recaptures approximately 218,000 unused employment-based visas
• Distributes 61,000 of the recaptured EB visas to nurses and physical therapists (and spouses and children accompanying or following to join)
• Imposes an EB visa recapture fee of $1,500
• Exempts health care facilities in underserved areas from paying the additional EB recapture fee

May 2008 Visa Bulletin Released; EB3 Dates Move Forward to March 2006

RETROGRESSION UPDATE

The U.S. Department of State has released its Visa Bulletin for May 2008 and it showed all categories to be current except for EB2 and EB3.

However, a bit of good news came with the bulletin as the EB3 category for the Philippines reflects major movement from last month. Starting next month, those with approved immigrant petitions on or before March 1, 2006 can expect developments in their visa processing anytime soon.

The priority dates for the EB3 category, where filipino nurses belong, have progressed to March 2006 from July 2005 the previous month.

Related Link:
May 2008 Visa Bulletin

April 2008 Visa Bulletin Released; EB3 Dates Jump Further to July 2005

RETROGRESSION UPDATE

Here's a bit of good news for filipino nurses with approved immigrant petitions on or before July 1, 2005. The priority dates for the EB3 category, where professional nurses belong, has progressed to July 2005 from January 2005 last month.

This means that those with priority dates July 1, 2005 or earlier can expect movements on their visa processing anytime soon.


Related Link:
April 2008 Visa Bulletin