BEST news for RNs from India, Philippines and China

suzanne4, RN · May 15, 2005

California is still taking approximately two years from the time that documents are filed until the nurse has the green card. Things have still not been speeded up here. The East Coast has the fastest processing.............

So it is very conceivsble that someone from 2003 is still waiting...............

And who has everyhting done.

Scalene · May 15, 2005

I agree with suzanne, My PD is oct 9, 2003, I applied for california, They really are slow, My papers arrived at the embassy here in UK last Feb 2005. Its all just Wait, wait, wait ,wait!!!

hellen5 · May 15, 2005

Hi: suzanne4.

I also think that that the 50k new VISAs can only ease the backlog, but can not make the PD current. Think that Philippines also have 3 years backlog in EB3, and most of them are nurses. That is about 60000 VISAs waiting! I am worried about what will happen after the 50k is used up? The HR1268 provided no further suggestion except the 50K new VISAs. A possible scenario is that CIS set a cut off date for Schedule A applicants, such as 01/2004, those with a PD before this cut off date will get their Green cards soon. But what is next? Will nurses who have not benefitted from this 50K VISAs have to go back to wait in EB3 catergories of their countries? That will be chilling fact for those from China and Inida. Nusrse from Philippines may feel better, because they do not have too many other EB3s, and their EB3 PD will move a lot.

There is currently a very large number of new grads, who happen to have tourist visas, coming over, and until the retrogression, were getting AOS made almost immediately. This has also taken quite a chunk out of the number of visas that were available. But not sure when they will begin approval for the nurses that came over on tourist visas who hadn't made any application before, or will give them to the nurses with their families that have been waiting since 2002.
This bill signing just creates another law.........it doesn't specify as to how it is going to be used, or even when. Immigration hasn't posted anything about it yet. Definitely not in the June bulletin, and still not sure when you will see some of the dates advanced. I don't see them being current for awhile, and especially with all of the new applications that are being entered, at least when they will be accepted. They really need to clear up everyone waiting at the Packet 3/4 Levels first, then proceed. But none of us make the rulings...........so it is still going to be a waiting game.

jenspec · May 16, 2005

I'm one of those individuals who have all the requirements ready but still here in the Philippines . My PD is February 2004. Got approval from USCIS June 2004, packet three on Oct. 2004, NVC completed processing my papers Jan. 2005. I'm still here due to retrogression. Very frustrating.... indeed.

CER7249 · May 17, 2005

I don't think that 50,000 new visa number is enough to ease the backlog? FYI my PD is April 2002 (visa bulletin June 2002) and still don't have my schedule for interview :crying2: .

kid80 · May 17, 2005

i know of nurses with pds of feb 2004 who are in sta tes on green card/i wonder how all of these havenot been cleared/eg april 2002 shocking /between feb 2003 and feb 2004 i dont know of many nurses who are not in states/the per country limit does not apply as long as ac 21 visas are p[resent /SO OK FOR NOW JULY SHOULD BE BACK TO BUSINESS AS NORMAL

kid80 · May 17, 2005

I don't think that 50,000 new visa number is enough to ease the backlog? FYI my PD is April 2002 (visa bulletin June 2002) and still don't have my schedule for interview .

WHEN DID U GET YOUR VISA SCREEN /PD APRIL 2002 MEANS SHOULD HAVE BEEN APPROVED LATEST BY APRIL 2004 /WAS THERE ANY DELAY FROM YOUR SIDE RE EXAMS ETC REGARDS

kid80 · May 17, 2005

I do not agree with some of you here that you have said that 50,000 visas would not be enough. I believe with immigration lawyer Carl Shusterman and Hammond that this new law would ensure TEMPORARY supply of nurses for the next three years. If you had read some discussions made by the ONE's who lobbied this law to the Congress...They state that U.S. is need of nurses and the demand would continue to grow...I think 50,000 visa numbers for schedule A have been CLEARLY COMPUTED, STUDIED AND PRECISELY ESTIMATED by the people at the Joint Congress and Senate Comittee that they had agreed on the fact the US really needs the nurses and these numbers could CLEAR THE BACKLOG FOR SCHEDULE A temporarily. Otherwise they should have given all the 130,000 for Schedule A which is already and would be available in the recapturing of unused visas for 2001 to 2004.
THE MAIN PURPOSE OF THIS LAW IS TO ENSURE THAT NURSES AND PT'S from the PIC countries ENTER THE U.S. and work there. A steady temporary supply of nurses is needed to patch the growing need for healthcare workers. So if you think that these numbers would only be enough for the one's who had packet 3 or only for the one's who are adjusting status I COMPLETELY DISAGREE. You should also consider the fact that not all nurses are married, not all nurses have 3 kids...MARRIAGE AND HAVING KIDS ALONE ARE NOT THE ONLY FACTORS THAT CAN BE TAKEN INTO CONSIDERATION WHEN DOING MATHEMATICAL OR STATISTICAL ANALYSIS. All factors should be considered on computing visa demand. I have done my MATH for example in the Philippines last 2003...there are only 8,705 EB3 visas issued from the U.S. embassy website http://philippines.usembassy.gov/wwwhr433.html
EB3 visas are the most and vastly used visas which includes Schedule A. Just imagine that Schedule A would have a different category from the rest of EB3 don't you think that it would bring some decongestion???
Another thing, nurses are also based on the law of supply and demand...What i mean is that for example in the Philippines, demands for nurse visas are different every year...Simply because graduating nurses differ every year, nurses who take the CGFNS pass or fail would be different every year, nurses who pass or fail TOEFL, TSE or IELTS are different every year, nurses who pass or fail NCLEX are different every year. Most of the nurses I know are already in the U.S. so somehow the applicants now are not so many with regards to the applicants from previous years. If you would look at the statistics from CGFNS you can see that there is a decline in terms of nurses who took the exams. In 2004 only around more than 16,000 nurses and 800 for Physical Therapists for the whole world are awarded VISA SCREEN CERTIFICATES. Although the Philippines still remains to be the dominant breed in terms of foreign nursing passing CGFNS and NCLEX exams.
LAWS are made to solve problems...Laws are made on the principles of COMMON SENSE and factual basis. I believe and I have faith in the U.S. Congress and most of the immigration lawyers who have established good reputation and earned hard years of working experience in terms immigration law that these figures that was given to Schedule A which is 50,000 have been carefully studied, discussed by the Joint Committee to clear the backlog of nurses that U.S. is facing today.
We may have different opinions and understanding on the issues that were being discussed here, but most of the people I believe that are reading these forums would somehow like to see hope in these dark days of retrogression and not some thoughts that impact them negatively...
Most of the people here would like to have their AMERICAN DREAM fulfilled, where the system of government favours legal immigrants and U.S. citizens. In fact all the people that wants to come here to U.S. would like to have a nice life and escape poverty and extreme corruption from their home country.
It will be a matter of time before change takes place. Based on 6 months of comprehensive research of RETROGRESSION, analysis of the Immigration and Nationality Act, the AC21 Act and visa numbers retrogression history from previous years...
I THEREFORE CONCLUDE THAT THE LAW THAT WAS SIGNED BY THE PRESIDENT WOULD EASE THE BACKLOG OF NURSES...I agree with Immigration lawyer Carl Shusterman that this law even TEMPORARY would ensure steady supply of nurses for the next THREE YEARS...
So for all those nurses who ARE NOT STILL in PACKET 3...do not worry...
DALE

READ AND REREAD IT AGAIN AND FORGET THE REST FOR NOW /LOGIC HAS A WAY OF ITS OWN /THIS ONE IS BASED ON LOGIC AND COMMONSENSE/THE NEW LAW WAS MEANT TO EASE THE NURSING SHORTAGE THAT IS GET MORE NURSES INTO STATES /WHICH IS NOT POSSIBLE JUST BT AOS THEY HAVE TO TAKE STEPS TO SPEED UP CP /THEY MUST HAVE CONSULTED DOS AND NVC AND USCIS BEFORE MAKING THE NEW LAW/SO UNLESS THEY THE CONGRESS HAVE GOOFED UP /IN WHICH CASE THERE ARE GOING TO BE A LOT OF RED FACES ALL AROUND/DONT WORRY /AND LASTLY DONT TRY TO BECOME AN IMMIGRATION LAWYER //ITS DO DAMM TOUGH UNDERSTANDING THER VRULES //HAVE FAITH IN A VERY RARE SENSE //COMMON SENSE AND LOGIC god bless good day god bless america god bless everybody bye

himdale · May 17, 2005

I don't think that 50,000 new visa number is enough to ease the backlog? FYI my PD is April 2002 (visa bulletin June 2002) and still don't have my schedule for interview .

Aerosmith from their song "Amazing" wrote..."How high can you fly with broken wings?" Just one question to all the nurses out there who has PD's around 2002 and 2003...WHEN DID YOU GET YOUR VISA SCREEN CERTIFICATE? Or simply can be said when was the time you passed all the exams? :rolleyes: Because even your dates are far back as 2002 if you did not pass the exams...HOW CAN YOU FLY TO THE U.S.?:rotfl: When dates that time were current I see no reason or explanation as to why you have incured that kind of delay? And you did not even inquire at the U.S. Embassy or Department of State or your immigration lawyer what is the reason for the delay??? GOODNESS, GRACIOUS, GREAT BALLS OF FIRE!

One of the most popular immigration lawyers in California, Carl Shusterman (hey i am not promoting him) who worked with the USCIS and has connections inside the DOS made a lot of statements which 99.9% are true and accurate about his estimates and predictions on immigration issues IS NOW EXAPANDING HIS OFFICE. Did you know why? He is now hiring legal assistants to PROCESS THE PAPERS OF NURSE APPLICANTS. I mean how could someone be so dumb to expand and hire and be ready if he knows that the visas are only good for AOS or for nurses who has PD of 2002 and 2003? IN FACT ALL IMMIGRATION LAWYERS ARE EXPANDING AND HIRING...CHECK THEIR WEBSITES...

It simply means one thing...Atty. Shusterman's experience on immigration practice and his connections inside USCIS told him that these visas are big enough for three to four years...AND IT IS BIG BUSINESS...

I think for those people who have PD's around 2002 and 2003...there is defintely something wrong with your papers...Check it out with your lawyers. I mean if I am the employer/hospital...I am not going to wait for more than three years just to import a foreign nurse here in the U.S. unless I AM YOUR UNLCE. Hehe.

dale

himdale · May 17, 2005

All my statements here regarding the 50,000 additional visas are my personal opinions based on my research and understanding of the retrogression.
Anybody can agree or disagree with me. The important thing is through these discussions we shared a lot of informations that can help others viewing this thread with similar problems like ours.
I am not pessimistic but optimistic with regards to future migration of foreign nurses to the US.
The reason why I am saying that this 50,000 visas is not enough because this is just a band aid solution to the problem regarding the number of eb3 visas each country is allocated. There should be law enacted that for those countries whose eb3 visas were not used up should be given to countries where there is a high demand for it.
Unfortunately, the USCIS stick to the quota of 2800 visas for eb3 per country.
Yes, unused visas from other eb categories can be allocated to eb3 but this is also based on the number of visas per country is allocated. That is why for the Philippines alone, around 8,700 immigrant visas were given to nurses, pts and their dependents for the fiscal year of 2004.
There are thousands of nurses who are in their own countries ( PIC) waiting in line for the visas. But there are thousands of nurses under working visas who are also waiting for their eb3 visas. So this means approved I-140 and I-485 ( adjustment of status ) petitions are waiting in line for the eb3 visas.
I was wrong to say all nurses are married and have three children at most. It is just a safe estimate of mine to figure out how many foreign nurses can get their visas this year.
The additional 50,000 visas is a great help to ease the retrogression but we will go back once again after two or three years. The Lantos Bill which calls for 130,000 visas would have been a different story if the US Congress and Senate acted on it.
If you happen to check the archives of eb3 way back in the late 1990's, you will find out that for the Philippines alone, the backlog was two years. By year 2000, the Visa Bulletin became current. You all know that congress enacted a law in 2000 recapture unused visas.
If Congress will act on a law that would give the unused eb3 visas from other countries to the PIC countries automatically every year then the retrogression will be a thing of the past.
Anyway, I stand corrected. :)
And I am very happy that with the additional 50,000 visas will give me and my family of five the opportunity to immigrate to the US this year. :balloons:

For Rep Drug Pusher:

Where did you get the 2,800 EB3 visas per country you claimed the USCIS stick to the quota? Can you provide me the source?

One more thing the U.S. Embassy Manila states that there are EXACTLY 8,705 E3 visas or Employment Based Third Preference visas that were issued last FY2004... EB3 visas inlcudes Skilled workers/ professional workers where computer engineers, accountants, teachers are inlcuded...NOT JUST ONLY FOR NURSES... Where is your source by the way that there are 8,700 visas that were issued to nurses here in the Philippines?

I think you should download and read the Immigration and Nationality Act Sections 201, 202 and 203 to better understand how visa numbers can be allocated. It can be found at the USCIS website.

One more thing, at the last fiscal year July 1, 2005 to Sept 30, 2005 --- According to the law the 7% cap per country is lifted. Meaning if there are visas available the PIC countries can still eat the leftovers...

Check this site: It will prove to you that the worlwide level of Employment Based visas which is set at 140,000 can be exceeded.

http://uscis.gov/graphics/shared/statistics/

This site will prove to you that the PER COUNTRY limitation of 7% can be exceeded by the PIC Coutries. Lifting the per Quota thing you were talking about...

http://uscis.gov/graphics/shared/statistics/yearbook/2003/table08D.xls

I WAS STILL IN GRADE SCHOOL WHEN YOU GRADUATED FROM BSN'91

DALE

kid80 · May 17, 2005

ALL THESE YEARS THE VISA DATES HAVE BEEN CURRENT/LOGIC SAYS THAT THE DATES WILL BE CURRENT AGAIN ON JULY 1 2005 god bless

NYrnTX · May 17, 2005

Nice to learn that many folks are coming forward with proofs, evidences and common sense that PD will be current on July.

I think one of the reason for pessimism, is people reading 'something from somewhere' which is mostly outdated. I remember, someone here posted a theory,saying that only 20,000 (20K) visas are alloted for nurses and families through the the recent developments !!!!!!!

Lets accept it! Hardly few of us took the time to read and understood the implications on AC 21 rule or the ammendments in appropriations bill. Among those who tried it, few got a grip on it. Since that being the case, why can't we just believe experienced lawyers like shusterman and positively assume that PD will be current on June 15 bulletin ?