11. July 2007 by dmo.

Several of our readers are asking about the effect of the
July Visa Bulletin Update on the status of the priority dates. The Department of State was forced to retract
the first announcement due to the unprecedented use of about 60,000 employment
visa numbers even before the update took effect. The visa limit for the fiscal year 2007 has
been made available for the employment based category, and will open again in
October for the fiscal year 2008.

Since the visa numbers were allocated and made available in
July for the fiscal year 2007, it is advised that anyone who is scheduled for a
consular interview this month should go. It was confirmed that those who got an appointment interviews for this
month will have their visas available for them.

It is still not very clear as to whether the USCIS will
return the previously filed applications in response to the July Visa Bulletin
posted in June. However, there is a big
chance that once the application is received within the first week of July that
it will not be returned. Despite the
Department of State’s announcement of the July Visa Bulletin Revision, the
posted update for July made in June remained unchanged. The DOS only wants to inform the public that
however the visa priority dates are current and available, that they can no
longer authorize further applications made after July 2^nd. This is hopefully a step in resolving the
retrogression starting the fiscal year 2008.

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4. July 2007 by dmo.

The U.S. State Department has withdrawn its earlier statement that is would be ending retrogression and making available 60,000 new work related visas for 2007. Many people rushed to prepare their paperwork to file for a new visa only to have the State Department take them back at the last minute without granting any additional visas. Immigration lawyers in the US are very upset and have lodged complaints with the State Department and the Department of Homeland Security over this action and the hardship it has caused for their clients. The State Department states that they will begin accepting applications on October 1st for 2008 visas, but the applications fees will be rising on July 30th so prepare to pay significantly more for a 2008 filing.

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18. June 2007 by dmo.

After seeing a significant movement on the priority dates for the employment based, or Schedule A visas, for Filipino Nurses the past month, the Department of State has updated the Visa Bulletin for July 2007 to a current “C” status.  This means that all the applications affected by the retrogression of October 2006 are going to be scheduled for an interview once their approved petitions are forwarded to the embassies through the National Visa Center (NVC).  There may be an expected delay in receiving an appointment date due to the bulk of approved petitions now ready for interview.  The USCIS is accepting I-140 and I-485 applications again.  There is no assurance that the retrogression will be permanently ceased and we may expect another retrogression if no good resolution for the nursing shortage will be passed in the US Congress before October of this year.

For those who have patiently waited for this very good news on retrogression, congratulations from Filipino Nurses 2 US.

Posted in Retrogression, Immigration, H1-B/EB-3 | 1 Comment »

18. May 2007 by dmo.

While much of the focus lately has been on H-1B visa applicants, some movement has taken place for those who are working towards an immigrant visa to the US. To all who have their priority dates for EB-3 (Schedule A) visa on or before June 1, 2005,  you may expect that your application is now at the National Visa Center (NVC).  Once the NVC receives notification from the US Embassy in Manila that they may take new applicants for interview, then the NVC will forward your petition for interview.  The embassy will schedule an interview date for you according to the order your petition is received.  It  usually takes two to four months before you can get an actual interview due to the volume of applications received at the embassy.  For now, a significant movement in processing the pending employment-based immigrant visa petitions for nurses is showing.  As regular readers might know we have called for a special visa for Filipino nurses to be created to fill the great demand for our skills in the US. There is also some hope that the Nursing Relief Act of 2007 might be passed, in the meantime though this movement gives hope that the retrogression issue might end in the near future. You can check the Visa Bulletin link on the left side column of this website to check the current status of the priority dates from the US Department of State as they are released.

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19. April 2007 by dmo.

The employment-based visa category for nurses is now processing the applications with priority dates up to August 1, 2003.  This is a substantial movement for the retrogression.  The USCIS is trying its best to process the applications affected by the retrogression.  If they continue to process a year’s number of applications every couple of months, then the retrogression would cease faster.  To view the visa bulletin for May 2007, you may click here .

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19. April 2007 by dmo.

WASHINGTON, D.C. – U.S. Senator Chuck Hagel (R-NE) has introduced “The High-Tech Worker Relief Act of 2007.” This legislation will increase the number of H-1B high-tech industry visas from 65,000 to 195,000 to address the severe shortage in the number of visas available in 2008. At various times, Congress has temporarily raised the cap on the number of H-1B visas, when sufficient American workers cannot be found.
                        
“The severe shortage of H-1B visas is a nation-wide problem, and Nebraska is directly affected. The demand in Nebraska for these highly qualified individuals in fields such as health care and computer science far out number the supply. This legislation is important to helping keep America competitive in the 21st Century workplace,” Hagel said.

H-1B visas allow highly skilled foreign workers to work in the U.S. for
up to three years. Congress has imposed an annual cap on the number of
H-1B visas of 65,000. This cap does not meet the demand.

This year, the Department of Homeland Security began accepting H-1B applications for the 2008 fiscal year on April 2. On that day, DHS received 133,000 applications.  Tens of thousands of additional applications were received on April 3, before DHS began rejecting applications.
                         

Many industries use H-1B workers to fill jobs when American workers can’t be found.  In Nebraska, these visas are used by employers such as Union Pacific, Streck Labs, First Data, Valmont, Terracon, Western Electric, DTL Industries, NIC USA, Inc., Omaha Public Schools, Lexington Public Schools, Great Plains Regional Medical Center and Mary Lanning Hospital.
               

Source: Swenbr.Net

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19. April 2007 by dmo.

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2. April 2007 by dmo.

On March 22nd, a bipartisan comprehensive immigration reform bill was formally introduced at the House of Representatives.  This proposed bill is called the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act of 2007.  It provides a comprehensive solution to current shortcomings in the US immigration policy.

Among the many programs included in the STRIVE Act of 2007 is the elimination of the Family and Employment based backlogs.  The STRIVE Act of 2007 will assist highly skilled workers to immigrate to the US, and address the shortage in nursing occupations.  The proposal includes an increase in the visa numbers for both family and employment based petitions and an exemption from visa limits for certain highly educated individuals. It also includes a proposal to make the counting of visa number per family instead of per person.

The Act also intends to increase the H1 visa cap to help address the demand for foreign workers in the US.  There will be an unlimited exemptions for foreign individuals with advanced degrees acquired in the US and/or advanced degrees in Science, Technology, Engineering and Math acquired outside the US, and foreign workers of non-profit organizations.

The STRIVE Act of 2007 will undergo the legislation process before it will be passed as a law.  The provisions in this Act may change until it passes the Congress, but for now we are happy that the Congress has finally started on a comprehensive immigration reform that will benefit many of the Filipino nurses.

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20. March 2007 by dmo.

It is believed that there is a bigger chance that the new Immigration Reform Bill will be passed, since the Democrats have now taken the majority of the US Congress.  However, it is taking time for the debate and there is still no guarantee of passage. 

The new Immigration Reform Bill should include either temporary or permanent visa allocation to the Schedule A Worker.  Many resolutions have been drafted and presented to the Congress, but  none has made it to the legislation process. Currently two types of bills are being debated. One bill calls for Schedule A occupations to be quota free for 10 years and would be a serious victory for Filipino Nurses. The second calls for a more short term solution of simply allocating more visas in a special allotment. We shall keep our readers informed as these bills make their way through the US legislature.

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14. March 2007 by dmo.

The House of Representatives introduced bill HR 1358, otherwise known as the Nursing Relief Act of 2007, to the Congress.  The proposal may have a little chance to pass in the Congress since most of the sponsors and co-sponsors are in the minority Republican Party but let us just hope that it survives the legislation process. The bill would create a new non-immigrant "W-1" visa which could be approved by Consular officials and allowing for 50,000 visas to be issued per year. To qualify for the new visa a nurse must possess a state license and the nurse’s employer must attest to a certain number of provisions similar to those of the H-1 visa. These new W-1 visas are valid for 3 years at a time and not more than 6 with the options for a 7th year extension. The nurses’ spouse will be eligible for an EAD.

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