This is a year of surprises to be sure. We expected the visa processing dates to advance somewhat with the issuance of the July 2007 Visa Bulletin. We did not expect that most of the employment-based categories would suddenly become CURRENT. But that's exactly what occurred yesterday.
In an unprecedented move, the Department of State and the USCIS advanced all the employment based visa numbers because they were falling way short of the 140,000 visas authorized for this fiscal year (which runs 10/1/06-9/30/07).
The immigration experts expect (no one knows for sure) that the dates will stay current until October 2007. This will allow some number of candidates in process to get approved to enter the U.S. in the next few months. And also gives us the needed time to continue to lobby Congress for a more permanent fix for Nurses and Physical Therapists.
With the issuance of the July 2007 Visa Bulletin, Embassy Interviews should start to be scheduled for August 2007. We have visa petitions in various stages of processing. In the next few days we will advise you as to the status of your particular cases. The categories of processing are:
1. Cases already sitting at a U.S. Embassy
2. Cases at the National Visa Center where fees were paid and forms were submitted; these cases should move to the U.S. Embassies rather quickly
3. Cases at the National Visa Center where fees were paid but when retrogression hit the NVC stopped asking for final forms; we should start receiving requests for forms and then those cases will move to the U.S. Embassies
4. Cases at the NVC where they didn't yet request fees or forms; we started receiving fee requests in the last few weeks; it was puzzling as to why fees were being reqeusted, but now we know why
5. Cases at the USCIS at the initial stage of filing; the USCIS had slowed down on approvals since there were no visa numbers; these cases should now start moving
6. Cases not yet filed as employment offers were just extended and the visa petitions are being developed
Senators Schumer and Hutchinson have come through again. Last week, before the Comprehensive Immigration Reform (CIR) bill was pulled off the floor of the Senate, Senators Schumer and Hutchinson introduced an amendment that would provide special treatment for Nurses and Physical Therapists. It would provide for 90,000 unused visa numbers to be recaptured for exclusive use by Schedule A occupations (which are RNs and PTs). So even if the Point System in the Senate bill remains the basis for most employment-based visas, RNs and PTs would use this pool of visa numbers 1st and would not be subject to the Point System. We still need to get the Senate to see that the Point System does not work for most healthcare professionals but that's a separate matter.
90,000 visa numbers would probably last a little over 2 years. Keep in mind though that this is a ways from being law. We are sure behind the scenes work is being done to try to revive CIR in the Senate. There is bi-partisan support for the Schumer/Hutchinson amendment and also support from the ANA and AHA so if CIR comes back to life, this amendment will likely be approved.
Senator Durbin added his own amendment to the Schumer/Hutchinson amendment to impose a "new $1,500 fee" for each recaptured visa number used. The fee would be paid only for the RN or PT, not any of their family members. The fees collected would be deposited in the "Domestic Nursing Enhancement Account" with the goal of eliminating the shortage of nurses and physical therapists in the U.S. by January 1, 2015. It would be laudable if the fees collected were indeed used to revive nursing education in the U.S.
We will keep our eyes on activity in the Senate on CIR. And we'll also be watching for when the House begins the debate of their own version. It is pretty public knowledge that President Bush really wants immigration reform to occur. If the Congress can get their act together he will no doubt sign the legislation.
If CIR does not come back to life, the Schumer/Hutchinson amendment, now that it exists, could be attached to some other bill that has the prospect of becoming law or be attached to the next "must have" spending bill. We are highly encouraged that these 2 Senators got the message that there needed to be special provisions for healthcare; and also pleased that the ANA and AHA are supportive.