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.

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)
  

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

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