I will say my piece here with regards to the new visa rules affecting foreign nurses.
I will dwell mostly on the Employment-Based Immigrant Visas for EB3 category this is where I am familiar.
The Employment-Based Visas are divided into 5 categories, EB1, EB2, EB3, EB4,and EB5.
Nurses and Physical Therapists belong to EB3 category.
Since 1999 up to 2004, BCIS( Bureau of Citizenships and Immigration Services) has been approving employment-based petitions for EB3 left and right with out any regards to the number of visas available.
EB3 category is allocated 28% of the 140,000 visas to be given worldwide plus the "unused visas" from EB1 and EB2. Each country also has its own limit of how many visas were to be given each year.
The demand for EB3 visas in the Philippines, India and China is high and these countries are "oversubcribed" meaning the numbers of EB3 visas issued exceed the limit for each country.
What the new visa rule will do is to stick to the limit per country. As of December, these countries are still "current" for EB3 visas, that means there are visas available.
The US Dept of State has just released the Visa Bulletin for January 2005, and the Philippines, China and India has retrogress to January 2002. This means visas are not available for those visa petitions filed after January 2002.
In my case, my priority date ( the date when my petition was filed at BCIS ) is November 2003. This means I have to wait at least a year or at most two years before a visa can be given to me.
Usually, approval time for visa petitions is 4 months to 1 year. With the new rule in placed to ease the backlog then the approval time will be from two to three years.
Foreign nurses can usually immigrate to the US between 15 to 18 months from the date their visa petiton were filed. Not so with the new rule, foreign nurses will have to wait at least three to four years from the date of application before they can see themselves working in an American hospitals.
This new rule to be in placed by January will address tha backlog created by the BCIS themselves. Once this is addressed, then its back to business.
As I said in a previous post, this is not a setback in our plans to immigrate but a setback in waiting time.
The only countries affected by this Visa Rule are the Philippines, India and China. Other countries like the UK, Australia. etc are not affected by this. Their nurses have only to wait a year or two before their visas are given.
For nurses from the UK, Australia and others, you won't have problems in waiting for your visas.