March 2009
USCIS ANNOUNCES INCREASED PERIOD OF STAY FOR TRADE NAFTA
PROFESSIONAL WORKERS FROM CANADA OR MEXICO
Click here for more information
RETROGRESSION UPDATE
The March 2009 Department of State Visa Bulletin indicates that cut-off
dates for the Employment Third Preference category (including Green Card
sponsorship for Registered Nurses) changed to March 1, 2003: This is an
improvement for India (from October 15, 2001) and China (from October 1,
2002) but a reversal for Philippines and all Other Countries (from May 1,
2005). Mexico is backlogged to November 2001.
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. Those for whom petitions have been filed should know
their Priority Date and then keep watch on the cut-off dates which are
published monthly in the Department of State Visa Bulletin. The 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.
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.
Background: 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 work with
lawmakers in Washington to improve visa availability for healthcare
workers. President Obama has indicated he will put more emphasis on
nursing education in the U.S. but whatever may be achieved in this regard it
is not likely to have an effect for several years. So in the meantime, the
recruitment international nurses will have to fill the void.
Comment: 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 be available. The current problems relate to
processing times and availability of visa numbers.
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.
USCIS ANNOUNCES INCREASED PERIOD OF STAY FOR TRADE NAFTA
PROFESSIONAL WORKERS FROM CANADA OR MEXICO
Click here for more information
RETROGRESSION UPDATE
The March 2009 Department of State Visa Bulletin indicates that cut-off
dates for the Employment Third Preference category (including Green Card
sponsorship for Registered Nurses) changed to March 1, 2003: This is an
improvement for India (from October 15, 2001) and China (from October 1,
2002) but a reversal for Philippines and all Other Countries (from May 1,
2005). Mexico is backlogged to November 2001.
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. Those for whom petitions have been filed should know
their Priority Date and then keep watch on the cut-off dates which are
published monthly in the Department of State Visa Bulletin. The 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.
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.
Background: 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 work with
lawmakers in Washington to improve visa availability for healthcare
workers. President Obama has indicated he will put more emphasis on
nursing education in the U.S. but whatever may be achieved in this regard it
is not likely to have an effect for several years. So in the meantime, the
recruitment international nurses will have to fill the void.
Comment: 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 be available. The current problems relate to
processing times and availability of visa numbers.
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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