June 2008
The July 2008 Department of State Visa Bulletin indicates that the entire
Employment Third Preference category (including Green Card sponsorship
for Registered Nurses) will reach the annual numerical limit by the end of
June 2008. As a result, visas for this category will become “Unavailable”
beginning in July and will remain so for the rest of Fiscal Year 2008, through
the end of September. In October 2008, new visa numbers will be available
for Fiscal Year 2009 and Employment Third Preference visa availability will
recommence starting with the cut-off dates established for June.
The June 2008 Visa Bulletin indicated the following cut-off dates for
Employment Third Preference: Philippines and all Other Countries March 1,
2006; India November 1, 2001 and China March 22, 2003.
The Priority Date is the date a petition filing is accepted by the Department of
State, which essentially establishes the applicant’s place in line. This date
doesn’t change. The cut-off date can move forwards, backwards or remain
static depending on applicant volume, processing time and visa number
availability. The cut-off date must match or pass the Priority Date for a visa
number to be available so that a petition may proceed to completion. The
Department of State Visa Bulletin updates and publishes cut-off dates every
month and the bulletin can be viewed at http://travel.state.
gov/visa/frvi/bulletin/bulletin_1360.html - look for the Employment Based 3rd
category on the grid.
Nursing immigration to the U.S. through Green Card sponsorship came to a
halt in early 2007 because of Retrogression (backlog) in the EB-3 Green
Card category. Retrogression occurs when there are more applicants than
the number of visas available and then petitions either cannot be filed or
cannot progress until more visas are available. The U.S. Department of
State allocates 140,000 new Employment Based visas every year but
availability for applicants depends on applicant volume and processing
times.
A coalition of healthcare employers (including Procare USA/Nursing USA),
immigration attorneys and other interested parties continues to lobby
representatives in Washington on visa availability for healthcare workers.
International nurses have supplemented the U.S. nursing work force for
decades and between our ever-present U.S. nursing shortage and massive
nursing retirements of U.S. nurses in coming years - there is no question
that visas will always be available. The current problems relate to
processing times and availability of visa numbers.
We recognize that it takes an extraordinary commitment to emigrate to the U.
S. and this is made all the more difficult with the unpredictability of visa
availability in recent times. Notwithstanding these challenges, we remain
committed to sponsoring international nurses and we hope you will not be
deterred from the Green Card process whether already in the U.S. or
coming from outside the country to live and work here. Clearly, applicants
outside the U.S. should make no relocation plans until a visa has been
stamped in the passport when they will have six months to enter the U.S. to
“activate” their status.
Please check back for periodic updates. We also recommend you check
the healthcare advocacy blog at the website www.hammondlawfirm.com for
news and comments on retrogression and please check the Visa Bulletin
every once in a while as it is not unusual for processing dates to move
ahead for months or years at a time.
The July 2008 Department of State Visa Bulletin indicates that the entire
Employment Third Preference category (including Green Card sponsorship
for Registered Nurses) will reach the annual numerical limit by the end of
June 2008. As a result, visas for this category will become “Unavailable”
beginning in July and will remain so for the rest of Fiscal Year 2008, through
the end of September. In October 2008, new visa numbers will be available
for Fiscal Year 2009 and Employment Third Preference visa availability will
recommence starting with the cut-off dates established for June.
The June 2008 Visa Bulletin indicated the following cut-off dates for
Employment Third Preference: Philippines and all Other Countries March 1,
2006; India November 1, 2001 and China March 22, 2003.
The Priority Date is the date a petition filing is accepted by the Department of
State, which essentially establishes the applicant’s place in line. This date
doesn’t change. The cut-off date can move forwards, backwards or remain
static depending on applicant volume, processing time and visa number
availability. The cut-off date must match or pass the Priority Date for a visa
number to be available so that a petition may proceed to completion. The
Department of State Visa Bulletin updates and publishes cut-off dates every
month and the bulletin can be viewed at http://travel.state.
gov/visa/frvi/bulletin/bulletin_1360.html - look for the Employment Based 3rd
category on the grid.
Nursing immigration to the U.S. through Green Card sponsorship came to a
halt in early 2007 because of Retrogression (backlog) in the EB-3 Green
Card category. Retrogression occurs when there are more applicants than
the number of visas available and then petitions either cannot be filed or
cannot progress until more visas are available. The U.S. Department of
State allocates 140,000 new Employment Based visas every year but
availability for applicants depends on applicant volume and processing
times.
A coalition of healthcare employers (including Procare USA/Nursing USA),
immigration attorneys and other interested parties continues to lobby
representatives in Washington on visa availability for healthcare workers.
International nurses have supplemented the U.S. nursing work force for
decades and between our ever-present U.S. nursing shortage and massive
nursing retirements of U.S. nurses in coming years - there is no question
that visas will always be available. The current problems relate to
processing times and availability of visa numbers.
We recognize that it takes an extraordinary commitment to emigrate to the U.
S. and this is made all the more difficult with the unpredictability of visa
availability in recent times. Notwithstanding these challenges, we remain
committed to sponsoring international nurses and we hope you will not be
deterred from the Green Card process whether already in the U.S. or
coming from outside the country to live and work here. Clearly, applicants
outside the U.S. should make no relocation plans until a visa has been
stamped in the passport when they will have six months to enter the U.S. to
“activate” their status.
Please check back for periodic updates. We also recommend you check
the healthcare advocacy blog at the website www.hammondlawfirm.com for
news and comments on retrogression and please check the Visa Bulletin
every once in a while as it is not unusual for processing dates to move
ahead for months or years at a time.
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