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Visa Backlog to Start for RNs and PTs

Atty. Allison Aquino

THE race to secure a visa for Registered Nurses (RNs) and Physical Therapists (PTs) continues due to recent announcements by the immigration service that visas are quickly running out. Registered Nurses and Physical Therapists have long been given preferred eligibility for permanent resident visas to the US due to the extreme shortage of US workers in these professions. Without allowing RNs and PTs to apply for work permits and permanent residency right away, the United States healthcare industry would face significant problems in their ability to render effective and safe healthcare.

These significant problems were experienced briefly by the US healthcare industry last year when the visa numbers retrogressed, thereby creating a backlog for when individuals are eligible to apply for work permits and permanent residency, including RNs and PTs. Faced with the reality of a crumbling healthcare system, on May 11, 2005, the President signed into law the release of 50,000 visas for RNs and PTs that were not used in fiscal years 2001 to 2004. Thus, rather than having to wait like all others for about 4-5 years to be eligible to apply for a work permit and permanent residency, RNs and PTs became and continue to be eligible to apply for a work permit and residency without any delay.

On October 6, 2006, the Department of State (DOS), who regulates the numerical issuance of visas, released the monthly Visa Bulletin confirming that the 50,000 visas are quickly running out. Consequently, the DOS will be implementing a visa retrogression starting November 1, 2006. On that date, a visa cut-off of October 1, 2005 will be imposed. Additionally, the DOS anticipates that it will reach the 50,000 maximum visas some time during November. When that occurs, the special visa category for RNs and PTs will be completely eliminated.

Once the 50,000 visas are gone, RNs and PTs will no longer be eligible to apply for a work permit or permanent residency immediately. Rather, they will be lumped into the category that includes all other Skilled and Professional Workers, and will therefore have to wait years to be eligible to apply for a work permit and permanent residency. Accordingly, all RNs and PTs must realize that the clock is ticking and that action must be taken right away to ensure that no problems or delays are experienced. It is imperative that any individuals seeking to apply submit their applications to the immigration service no later than October 31, 2006. By filing prior to this date, applicants will at least be lawfully present in the United States and eligible to obtain a work permit until the backlog is cleared out.

Under the immigration laws, RNs and PTs may skip the labor certification application process and proceed directly to the US Citizenship and Immigration Service (CIS). The application process for RNs and PTs involves the obtaining of a Prevailing Wage Determination (PWD) and the posting of a Notice of Filing for 10 consecutive business days. Once the PWD has been obtained and at least 30 days has elapsed since the last date that the Notice of Filing had been posted, the sponsor files an I-140 Immigrant Petition for Alien Worker with the CIS.

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Posted by Budek on Wednesday, November 01, 2006 at 11:39 PM | Permalink

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THEY WOULD DEFINITELY SEE THIS NEED... AT SILA MISMO ANG MAG AADJUST TO CATER SA NEED NG HEALTHCARE SYSTEM NILA... NURSES, NURSES... WAG TAYONG MAWAWALAN NG PAG ASA... THEY NEED US... :-)

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Posted by Anonymous | 9:41 AM

it's confirmed guys, may RETROGRESSION STARTING NOV 1, 2006! it was announced also in magsaysay nsg fair...
but, don't worry, it will last 5-6mons the most lang daw. also, you can proceed w/ ur application for n-clex pa din... God bless! =)

Posted by Anonymous | 10:59 AM