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: 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: 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

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

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