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

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

U.S. Senate Passes Bill Recapturing 61,000 Schedule A Visas

RETROGRESSION UPDATE

Hammond Law Group reported today, in its website, that the U.S. senate formally passed and added a bridge amendment to the Labor Health and Human Services appropriations bill.

The amendment calls for 61,000 visas for Schedule A occupations and their immediate family members. Employers will need to pay a Training Fee of $1,500 for each nurse immigrant. Certain healthcare facilities can have the fee waived. There is also a provision that calls for nurses to attest that they don't owe their native country any financial obligations.

Read full story here.

Total Lost Revenues From JPEPA Could Pay For Salaries Of RP Nurses

By IBON Media

REPUBLISHED WITH PERMISSION

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The Philippine government could actually keep Filipino nurses from going abroad by utilizing revenues it would otherwise have foregone under the Japan-Philippines Economic Partnership Agreement (JPEPA).

The average monthly salary of a nurse in the public sector is some P10,000. Government employs around 20,000 nurses, and even if we increase their salaries to P50,000, it would only cost the government P1 billion. This is less than one-tenth of the estimated P10.6 billion in tariff revenues foregone annually with the target tariff eliminations for the Philippines under JPEPA.

Low salaries are the reasons why the country has become the leading exporter of nurses globally with 85% of all employed Filipino nurses actually working abroad. But this exodus of health workers has taken its toll on the health system, with 200 hospitals closing and 800 more partially closing in recent years due to lack of nurses.

The tariff revenues foregone under JPEPA could potentially go far in improving the salaries of public sector nurses and in the hiring of new ones. These would go a long way in improving the shortage of nursing care in the country.

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IBON Foundation, Inc. is an independent development institution established in 1978 that provides research, education, publications, information work and advocacy support on socioeconomic issues. It has become known locally and internationally for its in-depth researches that promote a better understanding of social concerns and explore alternative programs that serve the interests of the Filipino majority.

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

Filipino Nurses in UK Face Possible Deportation

A dozen filipino nurses, working as senior carers, in Cambridge, United Kingdom face possible deportation after the Home Office refused to renew their work permits according to a report by the Cambridge Evening News.

Home Office officials also announced they will no longer issue work permits to foreign nationals for senior carer positions after the position has been taken off the list of shortage occupations.

"We treat each work permit renewal on a case-by-case basis and cannot comment on individual cases. The shortage list is made up of roles where professionals within the industries involved have told us there is a chronic shortage of applicants." A Home Office spokesperson said.

Meanwhile, local city official David Howarth has taken the cudgels for the filipino nurses. "These are qualified and hardworking nurses who came to this country at our request and they are now simply being discarded. This is not the way to treat people doing a very important and difficult job." He said.

In a letter to Minister of State for the Home Office, Liam Byrne, Howarth said, "This policy seems unfair and ill-judged and I hope your department will reconsider it. This decision will lead to a shortage of carers.

Many of the nurses have lived in Cambridge for four years after being recruited to help ease staffing shortages in 2003.

Nursing Board Flunkers May be Allowed to Work as Practical Nurses - Brion

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)

New Zealand Health Board to Hire Filipino Nurses

The Counties Manukau District Health Board (CMDHB), a government health board in New Zealand, plans to hire filipino nurses for Auckland according to a report by GMANews.TV

CMDHB is one of the largest providers and funder of primary, secondary and tertiary healthcare in Australasia, serving the people of South and East Auckland in an area that stretches from Otahuhu to Port Waikato.

Representatives of CMDHB will be coming to the Philippines on the third (3rd) week of September to interview applicants and may deploy qualified applicants to New Zealand as early as October.

Qualified candidates will initially be issued visitor visas to do a competency course for eight weeks before they can take exams and eventually register as a nurse in New Zealand, according to Japhet Vailoces, a Filipino clinical nurse educator at the CMDHB’s cardiology and neurology department interviewed by GMANews.TV

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CMDHB representatives are reportedly working out a direct-hiring scheme with the Philippine Overseas Employment Administration (POEA) to eliminate possible abuse and exploitation by private recruitment agencies. They are also seeking an exemption from paying the US$450 recruitment fee prescribed under the standard recruitment agreement of the POEA.

NCSBN will begin NCLEX testing in Manila Starting August 23, 2007.

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

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)
  

IELTS to Implement Changes in Test Band Score Reporting

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 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.

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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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:

NY Times Sees Possible Compromise on CIR Debates

NY Times Sees Possible Compromise on CIR Debates

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

New York Times Editorial: Progress on Immigration

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Retrogession Update: Two New Bills Introduced

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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UPDATE: Full text of 2007 SKIL Bill

Japan Eases Licensing Requirements for Filipino Nurses and Caregivers

Japan's Kyodo News Agency reported Sunday that the welfare ministry is creating a new eased license category for filipino nurses and caregivers to facilitate entry of filipino healthcare workers to japanese healthcare facilities under a bilateral free-trade agreement between the two asian countries.

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Under the agreement signed last September by then Japanese Prime Minister Junichiro Koizumi and Philippine President Gloria Macapagal Arroyo, Japan plans to accept 400 nurses and 600 caregivers in the first two years from fiscal 2007 starting April 1, 2007.

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The new eased licensing system will pave the way for those who have not passed a national exam as they will be certified as a "practical" nursing-caregiver so long as they have completed related courses at colleges, universities or vocational schools.

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The Japan Association of Certified Care Workers, however, said the measure would lead to a decline in the standard of care.

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Related News:

Japan Opens Doors to Filipino Nurses and Caregivers

Pinoy Nurses to Get Equal Wages with Japanese Counterparts

Hutchison Amendment Shot Down

The Hammond Law Group (HLG) today announced that S.4 where the recapture provision was attached, passed but without the Hutchison amendment recapturing 90,000 unused visa numbers for nurses and physical therapists.

A new bill with the same racapture amendment is expected by easter according to HLG.

Related News:
Recapture Bill Formally Introduced

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)