Visa Backlog
This is to report the recent developments concerning immigration to the United States. We know that recent news articles have discussed new regulations, changes to the process, etc. We hope this will clarify your doubts and provide the assurance that your dream of being a nurse in the United States can still be a reality.
THERE HAS BEEN NO CHANGE IN THE LAW GOVERNING THE IMMIGRATION OF NURSES TO THE UNITED STATES.
Many recent news articles do not accurately portray the recent developments for immigration to the United States. The U.S. Congress determines how many immigrant visas may be issued each year. For years, Congress has authorized 140,000 immigrant visas to be issued each year to individuals being sponsored by employers.
Nurses receive their immigrant visas from within this pool of 140,000 visas. To promote diversity among the immigrants coming to the United States, Congress has permitted each country to receive a certain amount of those visas (up to 7%).
In 2000, India and China reached their 7% limit and the Philippines almost reached it. While these countries reached their limits, the total number of authorized immigrant visas is not being used.
Congress modified the law and allowed countries which had reached their 7% threshold to receive additional visas as long as it did not exceed the authorized 140,000 for the year. In addition, Congress established a reserve of additional visas to “recapture” those immigrant visas that did not get issued in 1999 and 2000.
For the past three years, the U.S. State Department (through consular processing at the Embassies) and the U.S. Citizenship & Immigration Services – USCIS (through the issuance of visas to people in the U.S.) have not issued the full authorization of 140,000 immigrant visas. The failure to reach the authorized amount was not due to a lack of demand or applications, but primarily the slow processing of applications for visas issued to applicants in the U.S. by the USCIS which was taking several years in many cases.
The USCIS has implemented a dramatic program to reduce their backlog of cases. As a result, the USCIS has approved many applications and issued immigrant visas to many more people this year than in past years.
This reduction program has resulted in the issuance of immigrant visas to a very large number of applicants from the Philippines, India and China. With the visas “recaptured” in 2000, plus the annual authorization of 140,000, there are actually 240,000+ immigrant visas authorized to be issued this year.
Even with the extra 100,000 visas, the backlog reduction program of the USCIS will still reach the quota of visas for this year. In order to insure the diversity of immigrants, countries are being held to their 7% limit to make sure that applicants from other countries are not disadvantaged and can still receive their visas. This means that applicants from the Philippines will have to wait longer to receive their visas due to the large number of Filipino applicants.
Each applicant is reserved a place in line based upon when their visa application was filed. Many applicants currently processing in the United States have cases that were filed in 1999, 2000 and 2001.
Due to an “amnesty” provision that Congress established in 2000, thousands of applications were filed just before the “amnesty” deadline of April 30, 2001. These applicants have been waiting a long time to receive their visas. Until Congress increases the authorized number of immigrant visas, nurse applicants from the Philippines with cases filed after January 1, 2002 will have to wait their turn to be issued an immigrant visa.
WHAT IS GROW HEALTHCARE DOING TO HELP SPEED UP THIS PROCESS?
GROW Healthcare, LLC is actively involved in several endeavors to help speed up the issuance of visas. First, GROW Healthcare is actively filing immigrant visa petitions on behalf of qualified nurses to reserve a place in line.
Many new cases are being filed this month for qualified nurses with additional filings planned for January, 2005. Second, GROW Healthcare is working with U.S. hospitals and other companies to lobby the U.S. Congress to: (1) increase the number of immigrant visas available, (2) create an exemption for nurses due to the shortage of nurses in the United States, or (3) permit nurses to come to the United States under a temporary work visa. A lobbying firm has already been retained by this task force group to move quickly on this issue. We hope to have good news as early as April/May 2005.
WHAT CAN YOU DO TO HELP WITH THIS PROCESS?
As a nurse, you need to make sure that you meet the necessary qualifications for sponsorship as soon as possible. In order to be a qualified nurse for sponsorship, you must have a CGFNS Certificate or a nursing license from the state where you are going to be working.
Most states require foreign nurses to have a CGFNS Certificate in order to qualify for a state license (California, Florida and Maryland are some states that do not require a CGFNS Certificate). You must have these credentials at the time your visa petition is submitted. The USCIS may deny your immigrant petition if you apply without having a full CGFNS Certificate at the time of filing.
By regulation, you must meet all documentary requirements at the time you file your case. Thus, if you submit an immigrant petition without a CGFNS Certificate (with only a “pass” letter), the USCIS is within its rights to deny your case.
You can also make sure that you have work experience as a nurse. Many nurses in the Philippines are not working as nurses, yet they expect to work as a nurse at some of the finest hospitals in the United States. If you want to insure your success as a nurse in the United States, you need to gain quality work experience as a nurse before you go. There is no substitution for quality work experience providing bedside nursing care in an acute care setting.
We expect to provide quarterly updates on the progress of the lobbying efforts and any other developments on these issues. Please contact your GROW representatives with any questions or concerns.
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Visa Backlog | Work, Live in US | Visa Screen | Visa Category | Time & Cost
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