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Showing posts with label I-140. Show all posts
Showing posts with label I-140. Show all posts






CGFNS International recently announced that beginning July 1, 2009, they will be offering an express service for VisaScreen® applicants who need immediate processing of their VisaScreen® Certification.

The Expedited Review Service for VisaScreen® is aimed at applicants who have pending I-140 petitions with the U.S. Citizenship and Immigration Services (USCIS) having the " Request for Evidence" notification and those nearing their deportation deadline.

To be eligible for the Expedited Review Service for VisaScreen®:
  • Applicant must have met the criteria of Section 343 of the Illegal Immigration Reform Immigrant Responsibility Act;
  • All required documents must have been received by CGFNS; and
  • Applicant must have supplied CGFNS with a copy of their Request for Evidence or deportation deadline accompanied by a completed CGFNS Expedited Review Service form.

All eligible applications will be processed within five (5) business days following an online credit card payment of $500. The VisaScreen® certificate will be sent via next business day delivery air mail.

Applicants who are ineligible for a VisaScreen® certificate based on the review of their documents will be notified. Fees for the Expedited Review Service are not refundable.







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.



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Labor Secretary Arturo Brion said that the Department of Labor and Employment (DoLE), Commission on Higher Education (CHED), Professional Regulation Commission (PRC) and Senator Edgardo Angara are looking at the possibility of allowing the flunkers of the Nurse Licensure Examination to work as Practical Nurses.

Practical nurses, also known as Licensed Vocational Nurses, are also in demand abroad.


Brion presented the idea to Senator Edgardo Angara, former chancellor of the University of the Philippines, as well as officials of the Commission on Higher Education and to the Professional Regulation Commission.

"They all agreed to its viability so we'll meet soon and discuss it," Brion added.

According to a report by the Inquirer, about 40,000 of the 78,797 examinees are expected to pass the June 2007 Nurse Licensure Examination according to estimates by the labor department. The projected 40,000 includes June 2006 examinees who were required to retake portions of the exam.

Brion said the results of the June 2007 nursing licensure exam will be released by middle of August.


(Thanks to breech for pointing out the Inquirer article)










The National Council of State Boards of Nursing, Inc. (NCSBN) announced that it will begin accepting registrations via Pearson Professional Center for the U.S. nursing licensure exams (NCLEX) beginning Friday, July 13, 2007. The exams, conducted daily, will begin on August 23, 2007.

The Philippine site for the NCLEX exam is at
the 27th Floor, Trident Tower, Sen. Gil Puyat Ave., Makati City.
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Click here for directions in going to the testing site.

(Thanks to breech for posting the pearson test center address at the shoutbox)

Related Link:
NCSBN Press Release






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:
Related News:






After consultation with test takers, teachers, Recognising Organisations and other stakeholders, the International English Language System (IELTS) will be implementing a revised band scoring system.
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Under the new system, band scores in the tests will be scored in full and in half-bands. The old IELTS scoring system used full bands for the tests except in listening and reading, which is scored in both full and half-bands.
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This means that in the old system, an examinee may score 7 or 8 in the writing and speaking tests. Under the new system, scores will increment or decrement by half band so the examinee in the same tests may score 7.5 or 8.5.
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The changes, taking effect July 1st this year, will only affect the reporting of the band scores and will not, in any way, affect how the tests are rated.
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IELTS is jointly managed by British Council, IDP: IELTS Australia and the University of Cambridge ESOL Examinations (Cambridge ESOL) through more than 350 locations in 120 countries worldwide. Close to 5,000 organisations around the world recognise the test for education, immigration and professional accreditation purposes.
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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 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."
...
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.






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:
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Advocacy Link:
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Immigration Talks Underway Amidst US-Wide Rallies








RETROGRESSION UPDATE
United States Senator and Majority Leader Harry Reid has allocated the last two (2) weeks of the US Senate's May calendar solely for Immigration Debates in the wake of rallies on Tuesday (Wednesday in the Philippines) across the United States.

Although the turn-out was lower compared to a similar rally held the previous year, rallyists are confident they sent a clear message to Capitol Hill, where lawmakers have been struggling, with little success, to come up with a compromise on the contentious issue of Immgration Reform

An Associated Press (AP)
report quoted one of the marchers, Shaun Harkin, "There's no reason a pro-immigration bill can't be passed. That's one of the messages being sent today," Originally from Northern Ireland, he has lived in the United States as a legal resident for 15 years.

US President George W. Bush has been known to be pushing for Immigration Reform. He reiterated his desire to overhaul Amerca's broken immigration system in a speech to graduates of a Miami College on April 29. "Here at Miami Dade, you know firsthand the contributions that immigrants make to our country," Bush said.


In a speech addressed to the clergy in Washington on May 3, Bush said, "I'm looking forward to working with both Democrats and Republicans to get a comprehensive immigration bill done this year."

He added, "We have a good chance to get it done. After all, America is a land of immigrants. Immigration helps renew our soul. It helps redefine our spirit in a positive way. "
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Related News:







RETROGRESSION UPDATE

The April 22 editorial of the New York Times spoke of "Touchbacks" and "Triggers" which are viewed to be potential areas of compromise in a much heated and highly polarized debate on US immigration reform.

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"Touchbacks" refers to the requirement that illegal immigrants leave the United States before re-entering on a legal footing within a six-year span.
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"Triggers" on the other hand, refers to provisions that would only take effect after certain pre-determined conditions occur like reaching the quota of a specific visa category similar to what happened three weeks ago when the H1-B visa cap was reached within a day after the USCIS started receiving applications.
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Also seen as a positive step to passing the Comprehensive Immigration Reform (CIR) was a poll by USA Today/Gallup showing 78 percent of Americans favoring earned citizenship.
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While the editorial admits that the prospect of passing a new immigration law is difficult and would require hard compromises, it conceded that "the outlines of a bipartisan deal are becoming clearer."

This is good news to filipino nurses intending to migrate to the United States as the CIR includes provisions removing visa limits for foreign nurses until 2017.

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Related Link

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The Hammond Law Group (HLG) announced the introduction of two (2) new bills in the United States senate believed to be beneficial to international healthcare workers, specifically nurses and physical therapists.
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The first bill is a re-introduction of last year's SKIL Bill (S. 1083). Introduced by Senator John Cornyn, it is co-sponsored by four other Senators. Among them, Senator Kay Hutchison, known supporter of Schedule A visa reform advocacies. Last month, Hutchison introduced an amendment to the 9/11 bill seeking to recapture 90,000 visas for foreign nurses and physical therapists. It was, however, deleted from the approved version of the bill.

HLG speculates that this year's new SKIL Bill will contain the same provisions as the previous one removing the cap for nurse visas.

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The second bill (S. 1092), seeking to raise the H-1 visa quota, was sponsored by Nebraska Senator Chuck Hagel. Last week, the U.S. Citizenship and Immigration Services (USCIS) said that H-1B cap was immediately reached one day after it started receiving applications.
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POEA to Rule on Case vs Sentosa this Week








The Philippine Overseas Employment Administration (POEA) is set to come up with a ruling on the case filed by filipino nurses in New York against Sentosa Recruitment Agency for violating the terms of their recruitment contract.


Salvador Tuy, the group's counsel, said Sentosa violated POEA recruitment rules and regulations by making the nurses work for Avalon Gardens, which does not appear in the POEA-approved contracts with Sentosa Recruitment Agency in Manila.

The case was filed April last year which resulted to a suspension of Sentosa's recruitment activities in the Philippines. However, the suspension was immediately lifted when former presidential chief of staff, senatorial candidate Mike Defensor allegedly interfered in Sentosa's behalf.

Tuy is urging the POEA to re-impose a preventive suspension on Sentosa to protect other Filipino nurses from suffering the same fate as his clients.

manny pacman pacquiao versus jorge solis

Recapture Bill Formally Introduced








Texas Senator Kaye Hutchison has formally introduced amendment 364 (known as Schedule A recapture) to the 9/11 bill (Senate Bill #4) recapturing 90,000 visas for Schedule A nurses and physical therapists. The amendment also provides for a 3o-day approval period for I-140 petitions.
Copyright 2007 Pinoy RN
The Hammond Law Group (HLG) says that if the Hutchison amendment passes, Schedule A retrogression could be over.
Copyright 2007 Pinoy RN
However, Illinois Senator Richard Durbin wants the Hutchison amendment toned down. Durbin wants the following provision included in the Hutchison amendment:
  • A $1,500 "training fee" attached to each nursing case
  • Healthcare workers, including MDs, who travel overseas for extended periods of time do not lose their US Permanent Residency if they are working in select (unnamed) countries
  • Healthcare workers, including MDs, are inelgible for US Permanent Residency if they have a "financial obligation" to their home country
Meanwhile, HLG speculates that the Comprehensive Immigration Reform (CIR) bill may be introduced soon based on a report by The Christian Science Monitor.
Copyright 2007. Pinoy RN
In a related development, President Bush said he expects to sign the CIR into law by August in a statement made during his tour of Latin America over the week.
Copyright 2007 Pinoy RN
Related News:
Bush says he wants immigration deal (Yahoo! News)
Capitol Hill closes in on immigration reform (CS Monitor)


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