Immigration News and Updates

lawrence01 · May 24, 2007

Dear Susanne and Lawrence,
We are waiting to your suggestions about the published draft of CIR.
Many nurses, like me, that have their approved (or pending) petitions would like to know: what will hapen to the petitions?As the reform become a law, are we supposed to start the immigration process from zero or the petitions will be "grandfathered"? In the last case, is the progress of EB3 visas processing influeced by the new reform?
Thank you, in advance

I second what Suzanne said. If you already have a petition that was approved or even one that is still pending, that still continues for you and you get the benefits of the old immigration system of w/c your petition (approved or pending) was based on. This is what grandfathering means. So, do not worry about it.

Any reforms or changes, if ever, will only be for new applicants or those who have yet to file anything and also for those who will file their petitions again if it were denied using the old system.

FutureUSRN · May 24, 2007

Although the 140,000 visas for immigrant workers will be reduced to 90,000...the draft bill, from my reading, exempts the dependents from the count and those under schedule A occupation....so all in all, the 90,000 plus exemptions will be greater than 140,000....

I hope my reading of the draft bill is correct....Suzzane would know better, I guess....

lawrence01 · May 24, 2007

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.

suzanne4, RN · May 24, 2007

Until there is a final bill to be signed into law, there are going to be millions of changes, not even hundreds. Already in the last 48 hours, the guest worker potential program has already been slashed in half. Do not expect to see cart blanche for nurses, it has never happened in the past, and do not expect it now.

There is no Schedule A in effect at this time, and we do not even know if it will come back to life, or something else done. And I am suspecting that it will be a point status, and again, those with siginificant work experience such as more than ten years will get additional points as they have the skills that the US needs. Just having the RN after your name does not mean that you have the actual skills to be able to function quickly.

I woudl not even focus on this bill at the moment, if I were overseas, and waiting; I would never want to be part of something that is focused on unskilled laborers and illegal aliens. Most of you are professionals and should be in something strictly for nurses. But with the strength of the unions here, you are not going to see unlimited caps for green cards for foreign nurses for ten years. Just is not going to happen, especially when there are issues with the training of some nurses now coming to the US.

There are going to be so many changes coming, that your head will spin with trying to read it all. And there are still more than 600 pages that no one has seen yet, that is the length of the bill, or at least what they are expecting.

kalayaan · May 24, 2007

There is no Schedule A in effect at this time, and we do not even know if it will come back to life, or something else done. And I am suspecting that it will be a point status, and again, those with siginificant work experience such as more than ten years will get additional points as they have the skills that the US needs. Just having the RN after your name does not mean that you have the actual skills to be able to function quickly.

would you recommend foreign nurses work in their home country while waiting for the retrogression to be lifted? what do you think the chances are for foreign nurses without experience to get employment if the point system is approved?

RNGrad2006 · May 25, 2007

Until there is a final bill to be signed into law, there are going to be millions of changes, not even hundreds. Already in the last 48 hours, the guest worker potential program has already been slashed in half. Do not expect to see cart blanche for nurses, it has never happened in the past, and do not expect it now.
There is no Schedule A in effect at this time, and we do not even know if it will come back to life, or something else done. And I am suspecting that it will be a point status, and again, those with siginificant work experience such as more than ten years will get additional points as they have the skills that the US needs. Just having the RN after your name does not mean that you have the actual skills to be able to function quickly.
I woudl not even focus on this bill at the moment, if I were overseas, and waiting; I would never want to be part of something that is focused on unskilled laborers and illegal aliens. Most of you are professionals and should be in something strictly for nurses. But with the strength of the unions here, you are not going to see unlimited caps for green cards for foreign nurses for ten years. Just is not going to happen, especially when there are issues with the training of some nurses now coming to the US.
There are going to be so many changes coming, that your head will spin with trying to read it all. And there are still more than 600 pages that no one has seen yet, that is the length of the bill, or at least what they are expecting.

Suzanne,

You mentioned that you suspect points to be given to nurses with 10 years of experience. That doesn't give hope for people like me.

Do you think those of us that were not only educated in the US but also currently working under a TN would be granted points towards the new points based system?

There is no question that I will be able to function in the US as I currently am already doing so. I am paying taxes and paid 3x the cost of an American to go to school here so hope that counts for something. I love the US, love nursing, and love my job but just hope to make it more permanent.

I am sure you can understand foreign nurses frustrations. I realize there are many changes that are going to happen and am trying to be patient. For me personally we are putting our lives on hold (not being able to visit our families) due to the uncertainty and not leaving the country due to fear of not being able to apply when/if applications can be filed. Any hope you can give would be appreciated.

Thank you for your time. I understand it must be frustrating for you as well getting so many of the same questions. I was just wondering what your thoughts would be in regards to the new proposed points system for lucky people like me already in the US opposed to those who are still waiting in their home countries.

suzanne4, RN · May 25, 2007

would you recommend foreign nurses work in their home country while waiting for the retrogression to be lifted? what do you think the chances are for foreign nurses without experience to get employment if the point system is approved?

Having experience also increases your chances of getting a better job offer, especially if you want to work in a hospital. Any experience is better than none.

suzanne4, RN · May 25, 2007

Suzanne,
You mentioned that you suspect points to be given to nurses with 10 years of experience. That doesn't give hope for people like me.
Do you think those of us that were not only educated in the US but also currently working under a TN would be granted points towards the new points based system?
There is no question that I will be able to function in the US as I currently am already doing so. I am paying taxes and paid 3x the cost of an American to go to school here so hope that counts for something. I love the US, love nursing, and love my job but just hope to make it more permanent.
I am sure you can understand foreign nurses frustrations. I realize there are many changes that are going to happen and am trying to be patient. For me personally we are putting our lives on hold (not being able to visit our families) due to the uncertainty and not leaving the country due to fear of not being able to apply when/if applications can be filed. Any hope you can give would be appreciated.
Thank you for your time. I understand it must be frustrating for you as well getting so many of the same questions. I was just wondering what your thoughts would be in regards to the new proposed points system for lucky people like me already in the US opposed to those who are still waiting in their home countries.

I was using the ten years to make a point, those nurses with that amount of experience are going to get more points, if you are doing it strictly on merit because then can function in their role with minimal orientation.

They have experience in all areas that they need to have to perform their jo properly and correctly. You trained in the US, so there should not be any issues for you, and you already are able to get the TN Visa, so not a worry for you.

For those that have had no experience in a hospital environment, and are new grads and are from countries where the nursing is not practiced the same as the US are not going to get the same amount of points. The point system is going to be based on skill level, and training. An RN license alone will not guarantee anyone a job in the US. Remember that you need to have an employer willing to petition you in the first place.

I would not lose any sleep over it, you will be just fine.

suzanne4, RN · May 25, 2007

We do not even know if the merit system will actually take affect. Everything is pure speculation at this time. But for those that think the merit system will help them automatically because they have RN after their name, that is not going to happen. Unless there is significant documented experience, the merit system will not make a difference to most.

The temorary work visa program has already been cut to 200,000 just since last night, and that is not for professional people. There are many changes that will be coming and going over the next few months, over 600 pages has still not been published, and that is the length of the bill that they are expecting for the CIR.

RGN1 · May 25, 2007

OK bottom line - I have 11 years experience, I have a job offer & all the necessary basic paperwork (N-CLEX, license, VisaScreen & my I-140 about to be filed), Will the merit system help me get my visa quicker or am I still going to be more dependent on getting schedule "A" back from retrogression?

If I am going to benefit from this "merit system" then what might it mean in terms of my time line, I already know that I can expedite my I-140 if it is to my advantage? I'm really, really confused about all this!!

Is the USA going down the road of Australia? Where I already know that I could get to in roughly 4 months should I choose to do so. They run a points system & nurses sure qualify for that.

suzanne4, RN · May 26, 2007

OK bottom line - I have 11 years experience, I have a job offer & all the necessary basic paperwork (N-CLEX, license, VisaScreen & my I-140 about to be filed), Will the merit system help me get my visa quicker or am I still going to be more dependent on getting schedule "A" back from retrogression?
If I am going to benefit from this "merit system" then what might it mean in terms of my time line, I already know that I can expedite my I-140 if it is to my advantage? I'm really, really confused about all this!!
Is the USA going down the road of Australia? Where I already know that I could get to in roughly 4 months should I choose to do so. They run a points system & nurses sure qualify for that.

Right now, go with what you have in processing. The talk of the merit system is just that at this time. Your petition will be processed now for the I-140 if it is complete. And not sure if the Schedule A will be reinstituted, or something else. The issue is that you can start the process now, I would go with that no matter what. If the merit system does come into play, you will be grandfathered into that.

Expediting the I-140 is completely useless for you. Until there are current visas available, blasting to get thru the I-140 does not help you. And not even sure if they are still doing the expedited I-140, there was talk that they were going to discontinue it a couple of weeks ago.

Remember with the merit system, we are talking of green cards, not just a visa to work someplace. Big difference with that. None of us have any idea as to what is going to finally pass. No matter what happens, do not expect anything to be signed before August, and that means visas not availlable for 90 days after. Would not wait until then to decide what to do.

RGN1 · May 26, 2007

Thanks Suzanne, that's pretty much what I thought & I am just going along with the paperwork as it comes.