August 2007 - Archive
In June 2007, following several months of uncertainty and hold-ups, the
DOS (Department of State) announced in the July Visa Bulletin that all of the
retrogression dates were suddenly current because the number of visa
applicants was substantially lower than the annual limit of 140,000
employment based visas for the current fiscal year Oct. 1, 2006 - Sept. 30,
2007. It was generally assumed that many of those with pending cases
waiting for a visa number would be able to conclude their cases, and that
new AOS (Adjustment of Status) cases for those already in the U.S. could be
filed and processed. Petitions for applicants outside the U.S. could
continue to be filed as normal (but could not be concluded until a visa
number is available).
It was expected the supply of visas would probably run out by October 2007
by which time a new allocation of 140,000 visas would be available for the
2007-2008 fiscal year and everything would keep moving along. (The USCIS
fiscal year is from Oct. 1 - Sep. 30.)
However, in early July the DOS announced that a massive 60,000 visas
were approved in June 2007 and no more visa numbers were available for
the current fiscal year. Anyone not approved in the 60,000 would have to
wait for the new fiscal year before a visa number would be available.
Later in July the DOS updated that visa availability would be current through
the end of July, allowing adjustment of status petitions (for those already in
the U.S.) to be filed until August 17.
Final Green Card approval still depends on where applicants are in the
pipeline, how many cases are backlogged before yours and how long it will
take to process petitions.
Overseas Consular Processing cases will proceed for some depending on
visa availability and others will have to wait until the new fiscal year begins
in October, provided that the October Visa Bulletin shows a priority date
earlier than one's priority date (the date the case was accepted for filing).
Anyone who has received a Visa Appointment date is likely to get their visa
stamp but may not know for certain until their interview appointment. The
appointment could be revoked; but if notified of an appointment, theoretically
the DOS probably has already accounted for those appointments. Therefore
our attorneys strongly urge applicants to attend their appointments.
This continues to be a changing and unpredictable situation. There is
substantial pressure in Washington to correct this nonsense of delays and
hold-ups so that employers and visa applicants can get on with their
businesses and their lives. 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 in coming years - there
is no question that visas will always be available. The problems relate to
processing times, availability of visa numbers - and politics!
We hope you will stay the course and 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. But for applicants outside the U.S. we also
advise that no relocation plans should be made until a visa has been
stamped in your passport and then you'll have six months to enter the U.S.
A coalition of healthcare employers is actively lobbying and pursuing
legislation that will target special status for Registered Nurses and we will
keep you informed of any progress in this regard.
In June 2007, following several months of uncertainty and hold-ups, the
DOS (Department of State) announced in the July Visa Bulletin that all of the
retrogression dates were suddenly current because the number of visa
applicants was substantially lower than the annual limit of 140,000
employment based visas for the current fiscal year Oct. 1, 2006 - Sept. 30,
2007. It was generally assumed that many of those with pending cases
waiting for a visa number would be able to conclude their cases, and that
new AOS (Adjustment of Status) cases for those already in the U.S. could be
filed and processed. Petitions for applicants outside the U.S. could
continue to be filed as normal (but could not be concluded until a visa
number is available).
It was expected the supply of visas would probably run out by October 2007
by which time a new allocation of 140,000 visas would be available for the
2007-2008 fiscal year and everything would keep moving along. (The USCIS
fiscal year is from Oct. 1 - Sep. 30.)
However, in early July the DOS announced that a massive 60,000 visas
were approved in June 2007 and no more visa numbers were available for
the current fiscal year. Anyone not approved in the 60,000 would have to
wait for the new fiscal year before a visa number would be available.
Later in July the DOS updated that visa availability would be current through
the end of July, allowing adjustment of status petitions (for those already in
the U.S.) to be filed until August 17.
Final Green Card approval still depends on where applicants are in the
pipeline, how many cases are backlogged before yours and how long it will
take to process petitions.
Overseas Consular Processing cases will proceed for some depending on
visa availability and others will have to wait until the new fiscal year begins
in October, provided that the October Visa Bulletin shows a priority date
earlier than one's priority date (the date the case was accepted for filing).
Anyone who has received a Visa Appointment date is likely to get their visa
stamp but may not know for certain until their interview appointment. The
appointment could be revoked; but if notified of an appointment, theoretically
the DOS probably has already accounted for those appointments. Therefore
our attorneys strongly urge applicants to attend their appointments.
This continues to be a changing and unpredictable situation. There is
substantial pressure in Washington to correct this nonsense of delays and
hold-ups so that employers and visa applicants can get on with their
businesses and their lives. 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 in coming years - there
is no question that visas will always be available. The problems relate to
processing times, availability of visa numbers - and politics!
We hope you will stay the course and 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. But for applicants outside the U.S. we also
advise that no relocation plans should be made until a visa has been
stamped in your passport and then you'll have six months to enter the U.S.
A coalition of healthcare employers is actively lobbying and pursuing
legislation that will target special status for Registered Nurses and we will
keep you informed of any progress in this regard.
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