Immigration News and Updates

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This is just for the purpose of getting updated or informed and do note that nothing is absolute and in fact things are very fluid or volatile when it comes to immigration matters.

http://hammondlawgroup.blogspot.com/

http://texascivilrightsreview.org/phpnuke/modules.php?name=News&file=article&sid=792

where do you earn "extra-points" for experience under the merit-based system? i can't see that anywhere, except for getting 2 points per year for having worked for a us firm (up to a max. of 10 points).

what does it mean to say: us employment in health occupation: current for at least one year?

is nursing also a specialty occupation under DoL definition or "only" a high demand occupation?

nfap: the point system’s impact on foreign nurses and other potential immigrants

foreign nurses, vital to addressing america’s nursing shortage in the midst of an aging u.s. population, would be unlikely to gain entry to the united states under the immigration point system contained in s. 1348, the senate immigration bill. other categories of professionals and skilled individuals are also unlikely to become immigrants under the new – and perhaps inappropriately named – “merit” visas. internationally renowned actors, athletes, physicians in rural areas, factory managers, certain executives and possibly even nobel prize winners may all be left out due to fundamental flaws in the legislation. http://www.nfap.com/pdf/0706pointsystem.pdf

the following was posted on the hammond law group blog today that addresses the proposed merit based system that is being considered. it does not seem to fare well for nurses. for those wanting to check out the specifics the pdf link above answers a lot of the questions.

Specializes in Medical Surgical-current.

What about those nurses who have a visa screen certificate and has been petitioned by their employers??..would they get affected by this merit, and point system proposed bill?

What about those nurses who have a visa screen certificate and has been petitioned by their employers??..would they get affected by this merit, and point system proposed bill?

That is all unknown at this point. Has your employer already filed a petition for you? It might make a difference, although I have read some speculation that the cut off will be in 2005 to be grandfathered in, but not sure if it is true.

I also have a Visascreen and my employer is ready to petition for me but I can't do so at this time, due to retrogression. The information coming out if the merit based system is used does not look as promising for nurses when compared to other occupations. My husband is not currently working due to health reasons, but he calculated how many points he could get based on the pdf and he would score more highly than I would. This is due to his educational status. He has a bachelors degree and I only have an associates degree. He also qualifies for STEM. Yet, his occupation is not as highly in demand as nursing. So the points system, if used, appears to have some flaws in it.

I got the information below from the USCIS bulletin, I would like to know if a nurse with BSN or MSN will be classified as stated below:

Second : Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Is this H-1 or simply a different classification of an I-140? Please Susanne4 and Lawrence HELP WITH AN ANSWER! .replbq{width:100%} var LetterVals = { UIStrings : { __last : 'not used' }, StateDynamic : true, yplus_browser : false, premium_user : false, smsintl : "", SidebarSyncActionType : "read", SidebarSyncAuxActionType : "", SidebarSyncUID : "5999", SidebarSyncAuxUID : "", getString : function(id) { var result = this.UIStrings[id]; if ( result == null ) { return "Not translated: '" + id + "'"; } return result; } } var YAHOO = window.YAHOO ? window.YAHOO : {}; if ( !YAHOO.ShortcutsExt ){ YAHOO.ShortcutsExt = {}; YAHOO.ShortcutsExt.CustomConfiguration = {}; } YAHOO.ShortcutsExt.CustomConfiguration.PartnerName = "Yahoo!"; YAHOO.ShortcutsExt.CustomConfiguration.HelpUrl = "http://help.yahoo.com/us/mail/shortcuts";

I got the information below from the USCIS bulletin, I would like to know if a nurse with BSN or MSN will be classified as stated below:

Second : Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Is this H-1 or simply a different classification of an I-140? Please Susanne4 and Lawrence HELP WITH AN ANSWER!

I got the information below from the USCIS bulletin, I would like to know if a nurse with BSN or MSN will be classified as stated below:

Second : Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Is this H-1 or simply a different classification of an I-140? Please Susanne4 and Lawrence HELP WITH AN ANSWER!

Not a BSN but maybe a MSN. The problem with nursing is even if you have an advanced degree since nursing doesn't REQUIRE an advanced degree it doesn't seem to qualify for the categories as other healthcare occupations do like PT's, OT's or Social Workers. There is some good information on www.hammondlawgroupblogspot.com

For me, I would not bother reading and analyzing details from that working draft.

Multiple amendments are bound to be implemented starting from the debates in the Senate all the way up to the conference committee that will mend the Senate version and the House version and no non-US Citizen and no non-US employer have a say on any changes.

I would rather just wait for the final draft that will actually be signed by Pres. Bush, if ever it goes to that stage and see what's in there. But that's just me.

i agree with sir lawrence, we can't move on until we know the terms and policies. because we have to follow and discern over it, if ever it becomes a new law.

If you look at the news that has come out on the CIR since last night, you will already see significant changes just in the past 24 hours. And not little changes, but quite significant.

And if any dates are mentioned, they have no bearing on anything until the CIR becomes law. And still hope that nurses are not under the CIR, but a separate bill for them. Would be the best for nurses.

If you think about it, for them to make any changes to anything in the CIR, that includes much more work and harder to do. A single bill on its own is a much better way to do things.

But again, things are still in just a talking stage, far from being finalized.

i agree with sir lawrence, we can't move on until we know the terms and policies. because we have to follow and discern over it, if ever it becomes a new law.

Just want to add that the only thing that should be considered for any in-dept analysis or interpretation is the signed final draft and not any working draft that keeps changing everyday and as Suzanne mentioned, the changes are not just little changes but big and very significant ones.

In my opinion, personal interpretations should be kept into a minimal so that people reading it don't get confused or distraught of the info. that might not even be there anymore the next day or a few weeks from now. Some people do take things literally, esp. if the one making the interpretation does not disclose that it is only a personal interpretation or just a speculation.

if you look at the news that has come out on the cir since last night, you will already see significant changes just in the past 24 hours. and not little changes, but quite significant.

and if any dates are mentioned, they have no bearing on anything until the cir becomes law. and still hope that nurses are not under the cir, but a separate bill for them. would be the best for nurses.

if you think about it, for them to make any changes to anything in the cir, that includes much more work and harder to do. a single bill on its own is a much better way to do things.

but again, things are still in just a talking stage, far from being finalized.

suzanne is right. i was very against cir since it is really bad for america. i would rather wait longer than to have that pass. if eventually some of us are lucky enough to get green cards it is in our best interest to make sure that the bills and laws passed are good for america. cir does not look like it has a chance of passing as of today. a vote was taken today and it is not at all favorable. but the good news is that it appears there are senators out there that are still trying to file amendments for nurses and a bill for nurses is still the best thing rather than being included in a 1000 page document frought with flaws. see what hammond has just posted this morning (see below).

there has been an amendment offered to the senate's cir that will add a nurse bridge provision to the cir. this is sa 1409. the amendment was offered by sen. hutchison and sen. schumer. sen. durbin immediately added a second amendment that tacks on a training fee of $1500, much like the h-1 training fee. the fee is intended to help the us develop its own nurses.

all of this is great news.

of course the senate's cir is looking [color=#334477]deader by the minute. we should know by the day's end if it will succeed or fail. still, the hutchison amendment is great news and shows that there is still a lot of momentum for bridge legislation.

I have a friend here in the states who has filled for her AOS from F-1 to an I-140, is she able to file for EAD right way?

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