Plan for Immigration

Barack Obama and Joe Biden's plan for immigration.
(for more information, visit barackobama.com)

Create Secure Borders
Obama and Biden want to preserve the integrity of our borders. He supports additional personnel, infrastructure and technology on the border and at our ports of entry.

Improve Immigration System
Obama and Biden believe we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill.

Remove Incentives to Enter Illegally
Obama and Biden will remove incentives to enter the country illegally by cracking down on employers who hire undocumented immigrants.

Bring People Out of the Shadows
Obama and Biden support a system that allows undocumented immigrants who are in good standing to pay a fine, learn English, and go to the back of the line for the opportunity to become citizens.

Work with Mexico
Obama and Biden believe we need to do more to promote economic development in Mexico to decrease illegal immigration.

June Visa Bulletin

From the American Association of Foreign Educated Nurses :

The June Visa Bulletin has been published. Unfortunately, there has been no changes in the status of EB-3 visas from the May Bulletin.

The only changes that did take effect was that EB-2 visas for China and India moved forward 3 months to April 1, 2004.

There are 3 pieces of legislation working its way through the US Congress.

H.R. 5924 seeks to lift retrogression for Schedule A workers. The Bill, if it becomes law, will set aside 20,000 visas annually for healthcare workers.

H.R. 5882 seeks to recapture unused visas from 1992 to 2007. These would be work-related visas. While the Bill does not single out healthcare workers, it does set a minimum of 226,000 visas to be recaptured, so there should be plenty for healthcare workers.

S 2838 "Global Competitive Act of 2008" seeks to recapture 61,000 visas for healthcare workers.

Visa Update

Latest News:
(04/29/08) - Rep. Wexler (D-FL) introduced H.R. 5924. The legislation has not been published, but it is understood to include the following:

It will lift retrogression for Schedule A workers (Registered Nurses and Physical Therapists). Visa quotas and/or caps are eliminated for "Shortage Occupations" provided that I-140 is filed before September 30, 2011.

The USCIS must review (and approve or issue a RFE) all Schedule A I-140 cases within 30 days of receipt.

A link to the body of the legislation will be provided once it has been published.
(04/23/2008) - Rep. Zoe Lofgren (D-CA) introduced H.R. 5882: "To recapture employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family- and employment-based immigrant visas in the future."

This Bill is a new attempt by the House to overcome retrogression. It seeks to recapture unused visas from fiscal years 1992 through 2007. While the exact number of recaptured visas is uncertain, the bill states that there will be a minimum of 226,000 visas reissued.


source: aafen.org

Filing Period for H1-B visa coming up

SAN FRANCISCO, CA - The time is quickly approaching for the opportunity to obtain an H-1B Visa. Applications from employers will start being accepted on April 1, 2008 for the 65,000 visas available. Of those 65,000 visas 6,800 are set aside especially for Chile and Singapore nationals. The visas go to foreigners who are highly educated meaning they have at least a Bachelor’s Degree or equivalent. They are professionals with specialties or unique skills. Individuals with an H-1B Visa may be allowed to remain in the United States for a maximum of six years. The visas are highly coveted and last year the visa quota was filled in one day. By the second day that H-1B applications were being accepted the USCIS had received nearly 150,000 applications. To make it fair to employers the government resorted to random selection. Applications filed after April 3, 2007 for fiscal year 2008 were not taken into consideration since the deadline was April 2, 2007. These applications along with those that were not selected were later returned to employers. If an employer is not able to obtain an H-1B Visa they may want to consider planning for next year’s H-1B Visas. Better yet employers should be looking into other ways that they can bring professionals to the United States. Other alternatives for U.S. employers include: the Treaty-Trader/Treaty-Investor visa (E-1/E-2), TN Visa, the J-1 Exchange Visitor Visa, the O visa and the L-1 Intracompany Work Visa. Currently it seems highly unlikely that the number of H1-B visas will be increased.

Source: US immigration newsletter

USCIS Expects Significant Processing Delays for Citizenship Applications

Emilio Gonzalez, the USCIS Director, has warned prospective U.S. citizens "not to get their hopes up" regarding any improvement in the waiting times for naturalization to U.S. citizenship.

Read more

How to Immigrate and Work as a Nurse in the US

According to the American Association of Foreign Educated Nurses (AAFEN), these are the steps to be done to be able to immigrate and work as a nurse in the US:

Step 1. The RN must have a diploma in nursing and an unrestricted and unencumbered nursing license from the nurse's home country.

Step 2. The RN must take an English language exam demonstrating their proficiency in English. The tests that are acceptable are: TOEFL iBT, IELTS and TOEIC.

Step 3. Obtain a CGFNS Certificate.
The CGFNS Certification Program Certificate is required of internationally-educated registered nurses by a majority of U.S. states in order to take the NCLEX-RN® licensure examination.
The CGFNS International Certification Program is a three-part program designed to predict an applicant's likelihood of passing the NCLEX-RN® examination and becoming licensed as a registered nurse in the United States. The three parts of the program include a credentials review, a Qualifying Exam of nursing knowledge and an English language proficiency examination. Applicants must successfully complete all three parts of the Certification Program in order to earn the CGFNS Certificate.

Step 4. Obtain a VisaScreen Certficate.
The VisaScreen Certificate is issued by the Commission on Graduates of Foreign Nursing Schools (CGFNS). VisaScreen includes an educational review, licensure review, English language skills assessment and passage of one of two approved examinations for registered nurses (CGFNS International Qualifying Exam or NCLEX-RN).
The VisaScreen Certificate is different from the CGFNS Certificate, although most of the requirements of the VisaScreen Certificate are satisfied by the CGFNS Certificate.

Step 5. The VisaScreen Certificate can now be presented to a consular officer as part of immigrant visa petition (Form I-140). Typically, the visa petition will be approved in two to three months.

Visa Update

Additional information regarding issuance of visas.

(02/12/08) - The US State Department issued its March Visa Bulletin. The following was posted on the Hammond Law Group Blog:

"As expected, some EB categories greatly moved forward; notably processing is now available for All Other Countries and the Philippines who filed prior to January 1, 2005.EB1 - all current, as usual.EB2 - all current, except China (Dec 1, 2003), and India (U).EB3 - all countries (Jan 1, 2005), China (Dec 1, 2002), India (Aug 1, 2001), Mexico (May 1, 2001), Philippines (Jan 1, 2005)."

As most know, Nurses fall under the EB3 category. As pointed out, All Other Countries and the Philippines was moved forward to January 1, 2005. Prior to this move, the cut off date was November, 2002. There is hope that the EB3 category will be brought current later this year.


Source: American Association of Foreign Educated Nurses

Overseas applications for Nursing Jobs in London

Below is a guide on what you need to become registered in the UK and also some tips and guidelines on agencies and other employers. In the majority of cases you will need to fulfil the following criteria in order to secure a nursing job in London.

As a general rule overseas applicants will need:

NMC Registration

The NMC is responsible for registering all nurses working in the UK. It is not possible to work as a registered nurse with the NMC registration.

In order to get registered there are 3 stages.

You will first need:
1. Information Pack:
You can get one of these by either writing to the NMC and they can post one to you or downloading one from the NMC website. If you do not have broadband internet connection it can take a long time to download. The application pack you will be sent will detail what you will need to send to the NMC in order for them to assess you as to your suitability to become NMC registered.

Certain documents will definitely be needed so it is best to realize this in advance:
Registration certificate
Birth Certificate
Copies of Diplomas
References from previous employers
Transcript of your training from your training provider. This should include details of the amount of practical training you have had.

2. Payment:
In order to proceed you will need complete the application form and send all relevant documents along with a fee of £117 to the NMC.

3. Assessment:
Each application is then assessed by the NMC. This can be a long process and you should allow a minimum of 3 months for a decision to come through. In practice it will probably take longer. The NMC will verify all the information you send them and determine the adequacy of the education and training that you have had compared to an equivalent course in the UK.

4. Possible Decisions
a. Accepted onto the NMC register
b. Rejection to the NMC register - where education/training levels do not meet the required standard
c. Need to complete a period of Supervised Practice.
It is quite often the decision of the NMC for the nurse to undertake a period of supervised practice. It will state in the letter how long this period is to last for. It is often between 3 and 6 months.

Obtaining Supervised Practice
Only some agencies will accept nurses who are looking for Supervised Practice, however this is fairly rare. In order to gain a placement for supervised practice you should try to contact hospitals directly. You can also try nursing homes.


Top Tips

NEVER pay an agency a fee. Agencies receive their money from the hospital/employer. Some unscrupulous agencies might ask nurses to pay a fee in order to help them secure a job. Do not deal with these agencies as there are plenty of agencies who will not charge you.

DO NOT surrender your passport and any other documents to an Agency. Agencies do this to try to make sure that you stay with a certain employer so that the agency will not have to repay the fee. However you should agree a minimum period that you will stay with a certain employer.

Prepare early for NMC registration: NMC registration is a notoriously long process and ideally you should apply 6 months before wanting to move to UK.


source: Nurses 4 London

DOLE sets up Canada Desk for OFW deployment to Canada

Tuesday, February 19, 2008

The Department of Labor and Employment (DOLE) has set up a Canadian Desk tasked to handle queries and coordinate with concerned agencies on matters relating to the deployment of overseas Filipino workers (OFWs) to Canada.

Labor and Employment Secretary Arturo D. Brion issued Administrative Order No. 53, series of 2008, providing for the setting up of the Canadian Desk at the Office of the DOLE Secretary in Intramuros, Manila. Director Salome Mendoza of the Philippine Overseas Employment Administration (POEA) was designated to head the desk.

Brion said the Canadian Desk would be the Secretary's arm in coordinating with the Canadian provinces of Saskatchewan, British Columbia, and Manitoba in activities relating to the deployment of OFWs to these provinces as provided for in the labor agreements entered into by the DOLE and the governments of the three Canadian provinces. The POEA, as mandated by law, will continue to handle the actual deployment activities.

He added that the Desk would also attend to queries from workers seeking employment in Canada.

Brion signed the agreements with the provincial governments of Saskatchewan and British Columbia in December 2007 and January this year, respectively. He also signed a similar agreement with Premier Gary Doer of Manitoba during the latter's recent visit in Manila.

The DOLE Chief is also expected to sign another labor agreement with the Canadian province of Alberta by March of this year. Other Canadian provinces have expressed interest in entering into a labor agreement with the Philippines.

He said the purpose of the agreements is to strengthen areas of cooperation in the fields of labor, employment, and human deployment and development between the Philippines and the respective Canadian provinces.

The agreements, he said, specifically provide for an ethical, orderly, and expeditious recruitment and deployment of OFWs to Canada, non-collection of placement fees, and for the provinces to encourage employers to support human resource development efforts for OFWs as well as the reintegration of returning OFWs to the Philippines.

He stressed that the OFWs' rights and welfare will also be protected in accordance with Philippine laws and regulations and those prevailing in the Canadian provinces.
"The forging of agreements with the Canadian provinces is a milestone in the national efforts to ensure decent working conditions and the continuous training and successful reintegration of OFWs," he said, adding "the government is managing migration in such a way that the interests of OFWs in Canada will be well protected."

Canada's interest for OFWs underscores its recognition of the Filipinos' capability to help address its skills shortages. Alberta, for instance, has a booming oil and gas industry and is projected to be requiring around 400,000 workers in the next two years.

British Columbia, on the other hand, will be in need of hospitality and construction workers as it gears itself to host the 2010 Winter Olympics. It wants to attract 30,000 contract and permanent migrant workers with specific skills per year.

Canada is also in need of workers in the healthcare and education sectors. For more details, the DOLE-POEA Desk can be reached through its hotline number (02) 523-3633 or e-mail address dolecanada@yahoo.com.


Source: Information and Publication Service DOLE

Retrogression Update

Here's a link to the March 2008 Visa Bulletin

Why immigration applications take so long

Why does it take so long to get an answer from the Immigration Service? This is a question that many people ask when applying for visas or adjustment of status. In my practice I get a number of calls each week from clients wondering when they will get approval on an application for a work permit, adjustment of status, or a visa extension.

It is taking longer than ever to get approvals from the USCIS (U.S. Citizenship and Immigration Service). These delays continue despite the extreme increase in filing fees last July (2007). Most fees doubled and some tripled. Citizenship applications are now backlogged to about nine months. Green card applications are taking longer and longer to process at the USCIS District offices. Applications for tourist B-2 visa extensions often take more than six months before a decision is given at the California Service Center. The delays just go on. Pending applications for citizenship, green cards, and other types of visas are now at an all time high of about 6.8 million in the U.S., up more than 60 percent since the year 2006.

There are a number of causes for these delays. Increased security checks for green card applicants, student visa applicants, and those attempting to get work permits, is a major reason for the delays. The “Real ID Act” passed by Congress in 2005 requires additional background checks for people applying for citizenship or lawful permanent residency. Immigrants from certain countries (Middle East and some Asian countries) are put through extra FBI checks, which takes considerable time. In addition, the USCIS often lacks enough funding to hire the needed personnel. With an increasing number of applications and more security checks you would think that the Government would be hiring more people to fill the gaps. Unfortunately, this is not happening. However, the USCIS has publicized that it is trying to bring back some retired USCIS workers on a temporary basis.

There is also the problem of “unjust decisions” rendered by inexperienced processing employees at the USCIS. People have been turned down for visa extensions, work permits and even green cards without good explanation, while other persons have been granted approval with exactly the same qualifications. That is why no attorney can ever guarantee an outcome since there is no precise application of standards at the Immigration Service. This creates a real problem for someone who wants to go through the immigration process legally. Sometimes, the outcome is simply “not fair.” Because the process is so cumbersome and unpredictable, many people are afraid to file. The process itself encourages the “very illegality we are trying to deter” according to Rep. Howard Berman, D-Van Nuys, California. The Immigration Service is struggling due to lack of funding, insufficient personnel, and increased security checks that take too long. The Service was unprepared to handle the post September 11, 2001 (9/11) challenge. Prior to that date, the Immigration Service was supposed to be friendly to immigrants, non-immigrant visitors, workers, and foreign students. After 9/11, the Immigration Service was given the job to act as a barrier against foreigners. Most Filipinos can see the difference in immigration policy since 2001. Also, at U.S. consulates overseas, it is more difficult than ever to get any kind of visa to come to the United States.

These days it is wise to hire an experienced immigration lawyer when filing for citizenship, lawful permanent residency, and most other types of petitions. This avoids unnecessary delays, and also better protects applicants from getting into trouble if there are issues that may present a problem regarding eligibility for citizenship or permanent residency.


Source: Glenn Rose

H-1B visas for FY 2008/2009

Employers seeking to employ a foreign national on an H-1B visa for fiscal year (FY) 2008/2009 should begin preparation at this time so as to be able to file visa petitions with the U.S. Citizenship and Immigration Services (USCIS) on April 1, 2008. The cap for FY 2007/2008 closed on April 2, 2007, the same day USCIS acquired application for the new fiscal year beginning October 1, 2007. Due to the limited availability of initial H-1B visas, many large corporations are already preparing thousands of petitions for immediate filing on April 1st. Accordingly, we advise all employers to file H-1B visa petitions for prospective employees on April 1, 2008, as the cap is will probably be reached on the same day.

As noted in previous articles in this column, Congress authorizes the USCIS to issue a maximum of 65,000 new H-1B visas per fiscal year with some exceptions. The first 20,000 H-1B visas issued to alien workers with U.S. Masters Degree or higher are exempt from the 65,000 cap; H-1B visas issued to such individuals subsequent to the first 20,000 are then counted against the overall 65,000 cap. On April 2, 2007 USCIS received approximately 130,000 H-1B petitions. Some U.S. Senators have proposed increasing the cap, but such legislation was not passed by Congress. Foreign nationals in the U.S. in lawful H-1B status who are seeking to extend their visa or change employers are not affected by the annual limit.

Employers should also be aware that if their prospective employee is currently in the U.S. and wants to change status to H-1B, that foreign national must be in a lawful nonimmigrant status through October 1, 2008, the start of FY 2008/2009, so that change of status can be granted. If the foreign national’s current nonimmigrant status will expire prior to October 1, 2008, the foreign national must either extend their status, which may be difficult, or return to their home country and consular process their H-1B visa.

H-1B visas are only issued to foreign nationals employed in a “specialty occupation” or as a fashion model of distinguished merit and ability. The regulations define “specialty occupation” as an occupation that requires theoretical and practical application of a body of specialized knowledge and attainment of a bachelor’s degree or higher in the specific specialty as a minimum qualification for entry into the United States. Examples of H-1B occupations include teachers, physical therapists, accountants, computer programmers, and engineers.

H-1B workers must receive wages and benefits comparable to their U.S. counterparts so as to not adversely affect wages and labor conditions for U.S. workers.H-1B workers are subject to a limitation of six years; upon completing six years employment in H-1B status, they must depart the U.S. for one year before commencing new H-1B employment. As we have discussed in prior columns, the American Competitiveness in the 21st Century Act of 2000 (“AC21”) permits H-1B workers to extend their employment beyond six years if certain requirements are met. A memorandum by the USCIS also clarified that any time spent as an H-4 dependent will not count towards the six-year limitation in H-1B status. This memo also provided that a foreign national who was in the U.S. in valid H-1B status for less than the six-year maximum period of admission, but has since been outside the U.S. for more than one year can elect to either: (1) be re-admitted for the “remainder” of the initial six-year admission period without being subject to the H-1B cap if previously counted, or (2) seek to be admitted as a “new” H-1B alien subject to the H-1B cap.

Employers seeking to employ a foreign national on an H-1B visa for FY 2008/2009 should begin assessing their professional labor needs and prepare visa petitions for submission on April 1, 2008, the date that filings for initial H-1B visas will be accepted by the USCIS. As obtaining H-1B visas has become increasingly complex and timeliness of filings is critical, employers seeking to petition foreign workers on H-1B visas should consult a knowledgeable and experienced immigration law firm.


source

Visa screen for healthcare workers

Registered Nurses and other healthcare professionals are required to submit evidence that they have been certified by the CGFNS (Commission on Graduates of Foreign Nursing Schools) before they will be granted a work based green card. This type of certification is called the visa screen. A visa screen is also required for other health professionals who are applying for H-1B or H-1C work permits in the healthcare field. Such health professionals include physical therapists, physician assistants, and medical technologists. In order to be certified, the healthcare worker must show that his or her foreign college degree is equivalent to the same degree granted in the United States. The worker’s overseas experience should also be very similar to that required of U.S. workers.

Nurses and physical therapists will need to be licensed by the States where they are working. Nurses are required to pass the Nclex test, which is the standard nurse-licensing test in the U.S. In addition, nurses and other healthcare workers are required to pass an English proficiency test to demonstrate that they have the ability to read and write English at a professional level, and speak well enough to be understood in the workplace. These English tests are called TOEFL and IELTS. This information must be submitted to the CGFNS office for nurses, or FCCPT (Foreign Credentialing Commission on Physical Therapists) for physical therapists. It usually takes a number of months before a visa screen certificate will be issued. The certificate itself looks somewhat like a college diploma. I would advise all professional healthcare workers to take the English test as soon as possible and prepare their documentation for submission to the organization that issues visa screen certificates in their particular field. The visa screen must be renewed every five years. However, when the health worker receives legal permanent residence the renewal is not required.

Nurses can get green cards once the visa priority date comes up. Presently, it is about a six-year wait. But, the waiting period changes quite often. A few months ago, the priority date became current for a few short weeks. A qualified RN can apply for a green card if he or she has passed the Nclex licensing test and can find a sponsoring healthcare facility, such as a hospital or large nursing home. No labor certification is needed since the U.S. Government has determined that there is a nationwide shortage of trained, qualified nurses. A visa screen, issued by CGFNS, will need to be submitted to the CIS (Citizen and Immigration Service) before final processing for the green card once the priority date comes up. The CIS will accept the application for a green card without the visa screen certificate, but will send out an RFE (request for evidence) requiring the visa screen certificate before issuance of a green card.

That is why it is so important that nurses take care of this important item of business early on, namely securing the visa screen certificate. Some nurses neglect to get the certificate and it will result in a delay in getting a green card. You don’t want this to happen to you. The actual application is routine for attorneys who are familiar with the process; and the price for legal fees, for all elements of the application, can range from $ 3,000 to $6,000 plus a hefty filing fee. Be sure to hire an experienced lawyer. This is one application that needs to be done by an attorney who has filed this type of application before. Some hospitals will pay the filing fee because they need nurses, and some will pay the entire legal fee.


Source

New Zealand immigration processes

To obtain work permit/visa forms or to find more information about New Zealand Immigration processes please visit www.immigration.govt.nz