WHERE WE ARE 03/08/07
There has understandably been a lot of anxiety in our community. Take this post to be a summary of where we are in the lobbying effort.
First, keep in mind that NO laws have been passed by this Congress this year. NOTHING. IN ANY AREA OF LAW. Please do not take the inaction on the Schedule A retrogression front as the US’ lack of recognition of the contributions of foreign trained healthcare workers. Instead you should understand that the Congress is still trying to prioritize its issues and work on procedural issues. Essentially our problem right now isn’t so much convincing Congressmen about the merits of Schedule A. Our problem is overall Congressional inaction. HLG is still very positive that once the log-jam in Congress is solved that we can look forward to helpful retrogression legislation.
In any event, there are two different types of bills, BOTH of which are being pushed:
CIR – Comprehensive Immigration Reform. This bill seeks to massively overhaul the US’ immigration laws. Last year a version that was passed by the Senate included an amendment by Sen. Brownback. The Brownback Amendment called for Schedule A occupations to be quota-free for 10 years. While this is the preferred legislation (since it solves our problem until 2017), it is the more challenging piece of legislation.
Recapture - Therefore we are also actively pushing a smaller piece of legislation (often called a “recapture”), which is designed to grant Schedule A occupations a special allotment of visas. This is the same process that we used in 2005.
Now the real question that everyone should be asking themselves is: how can I help?
Here is what you can do:
1. If you are a nurse in Illinois and/or have friends and family members who are in Illinois, please raise this issue with your Chief Nursing Officer or the Recruiting staff at your hospital. Explain the retrogression to them and how it is directly impacting Illinois’ ability to attract skilled foreign-trained nurses.
2. If your CNO or Recruiting Staff are willing to help, please have them contact Chris Musillo (cmusillo@hammondlawfirm.com). Chris will explain what they can do to help.
Thanks for everyone’s kind words and continued help. While this blog has been a lot of fun, we look forward to the day that we can post: RETROGRESSION FIXED!
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25 Responses to this article
Dear HLG,
Thanks
Thanks and Thanks
By Joy
Dear HLG,
Still asking when retrogression will get removed?
I’m sure if HLG knew that answer they would tell us. LOL.
HLG is real good but they can’t predict the future!! They can just tell us where the legislation is at this moment…
Thanks HLG.
To all nurses: Please read this post carefully and think about what you can do to help and then take action. A waterfall starts with one drop of water but it can still carve through a mountain. Together we can do this.
thanks! very helpful!
Dear HLG
Thanks for your timely update. I think more than this any body can explain. This is democracy, politics. Let the community should be equally understandable
thanks once again
Dear HLG
Thanks for your timely update. I don’t think more than this any body can explain. This is democracy, politics. Let the community should be equally understandable
thanks once again
alex said:
dear HLG, Thank you very much for everything you are doing!
I have a question…
What is the meaning of sec.401A amendment to the s.4(sorry if I am not correct in the “legistlative language”) that was submitted my Mrs. HUTCHISON on March 6th?
If this is true I dont think that the Congress will act before receiving that report, and that will be not before 2008 as stated in the amendment.
Furthermore, what is the meaning of the amendment Mrs. HUTCHISON suggest in section “c” to the 2000 nurse immigration law?
Thank you again for everything you are doing! I would really appreciate if you reply to this question, as I think that if Mrs. HUTCHISON herself requested that report she will have no intention to request a recapture bill before the pulication of the report, and only if the report will reccomend schedule A relief.
Thanks again anf hoping like everyone here for good news…
Posted by alex to HAMMOND LAW GROUP LLC at Friday, March 09, 2007 2:29:00 PM
Alex:
1. Re: Sen. Hutchinson’s report.
I cannot find anything like this anywhere. If you want to point me to a website, I can make some phone calls. But for now the government reports:
A. S.4 is a bill to implement the reccomendations of the 9/11 commission. It has nothing to do with either healthcare nor immigration nor retrogression.
B. There is no amendment 401A. Amendment 401 was sponsored by Sen. Byrd of West Virginia.
2. What “2000 nurse immigration law” are you referring to?
I’m willing to research but this information isn’t definitive enough for me to understand what you’re asking.
Dear HLG,
You mentioned in one of your letters that we can benefit from previously applied I-140 by a previous employer.My problem is my documents has been submitted to the US embassy with my recent I-140 which didn’t reach the cut off date. My previous I-140 was approved August 2002 which could have made me qualified within the cut off date. I am just awaiting for the interview date but because of the recent I-140 approval date is 2005. Is it still possible to submit this previous I_140 even if all my documents are already in the US embassy so I can make it to the cut off date?
God help us all.
Can you please comment on the H.R. 1358 which is under the Active Bills of govtrack.us website. It is referring to new nonimmigrant work opportunities for nurses. Can you say something about it?
Thank you very much HLG for your devotion and commitment to help us, I appreciate it very very much.
I’ve paste here the section which I am reffering to that I found in the following address: http://thomas.loc.gov/cgi-bin/query/F?r110:1:./temp/~r110xaufzO:e140455:
It says there that the date of this is March 6.
……………………………..
SA 364. Mrs. HUTCHISON submitted an amendment intended to be proposed to amendment SA 275 proposed by Mr. REID (for himself, Mr. LIEBERMAN, and Ms. COLLINS) to the bill S. 4, to make the United States more secure by implementing unfinished recommendations of the 9/11 Commission to fight the war on terror more effectively, to improve homeland security, and for other purposes; which was ordered to lie on the table; as follows:
On page 138, between lines 6 and 7, insert the following:
SEC. 401A. INCREASING THE DOMESTIC SUPPLY OF NURSES AND PHYSICAL THERAPISTS.
(a) Report.–
(1) IN GENERAL.–Not later than January 1, 2008, the Secretary of Health and Human Services shall submit to Congress a report on the shortage of nurses and physical therapists educated in the United States.
(2) CONTENTS.–The report required by paragraph (1) shall–
(A) include information from the most recent 3 years for which data are available;
(B) provide separate data for each occupation and for each State;
(C) separately identify the nurses and physical therapists receiving initial licenses in each State and the nurses and physical therapists licensed by endorsement from other States;
[Page: S2738] GPO’s PDF (D) identify, from among the nurses and physical therapists receiving initial licenses in each year, the number of such nurses and physical therapists who received professional educations in the United States and the number of such nurses and physical therapists who received professional educations outside the United States;
(E) to the extent possible, identify, by State of residence and the country in which each nurse or physical therapist received a professional education, the number of nurses and physical therapists who received professional educations in any of the 5 countries from which the highest number of nurses and physical therapists emigrated to the United States;
(F) identify the barriers to increasing the supply of nursing faculty in the United States, domestically trained nurses , and domestically trained physical therapists;
(G) recommend strategies for Federal and State governments to reduce such barriers, including strategies that address barriers that prevent health care workers, such as home health aides and nurse’s assistants, from advancing to become registered nurses ;
(H) recommend amendments to Federal law to reduce the barriers identified in subparagraph (F);
(I) recommend Federal grants, loans, and other incentives that would increase the supply of nursing faculty and training facilities for nurses in the United States, and recommend other steps to increase the number of nurses and physical therapists who receive professional educations in the United States;
(J) identify the effects of emigration by nurses on the health care systems in the countries of origin of such nurses ;
(K) recommend amendments to Federal law to minimize the effects of shortages of nurses in the countries of origin of nurses who immigrate to the United States; and
(L) report on the level of Federal investment determined under subsection (b)(1) to be necessary to eliminate the shortage of nurses and physical therapists in the United States.
(b) Consultation.–The Secretary of Health and Human Services shall–
(1) enter into a contract with the Institute of Medicine of the National Academies to determine the level of Federal investment under titles VII and VIII of the Public Health Service Act (42 U.S.C. 292 et seq.) that would be necessary to eliminate the shortage of nurses and physical therapists in the United States by January 1, 2015; and
(2) consult with other agencies in working with ministers of health or other appropriate officials of the 5 countries from which the highest number of nurses and physical therapists emigrated, as reported under subsection (a)(2)(E), to–
(A) address shortages of nurses and physical therapists in such countries caused by emigration; and
(B) provide the technical assistance needed to reduce further shortages of nurses and physical therapists in such countries.
(c) Recapture of Unused Employment-Based Immigrant Visas.–Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended–
(1) in paragraph (1)–
(A) by inserting “1996, 1997,” after “available in fiscal year”; and
(B) by inserting “group I,” after “schedule A,”;
(2) in paragraph (2)(A), by inserting “1996, 1997, and” after “available in fiscal years”; and
(3) by adding at the end the following:
“(4) PETITIONS.–The Secretary of Homeland Security shall provide a process for reviewing and acting upon petitions with respect to immigrants described in schedule A not later than 30 days after the date on which a completed petition has been filed.”.
……………………………..
THANK YOU AGAIN FOR EVERYTHING!
Dear HLG,
What are the chances that Schedule A retrogression will end in 2007? I am thinking about abandoning “My American Dream” and going elsewhere where employment opportunities for qualified nurses is open and welcoming and easy to get. If retrogression cannot be lifted before the end of this year I want to get started on a move to Australia instead of U.S. So, please advice me as to your opinion of the chances of retrogression ending this year and possibly when this year.
Dear HLG,
Have you ever heard the new Nursing Relief Act 2007? If yes, do you know what’s it all about?
Thanks. Have a good one.
REF. HLGs reply to Alex.
There is an amendment from Texas senator Hutchison on 6th March to S.4.
It is SA 364. You can find the text in Thomas (library of congress).It did tell on visa recapturing on schedule A. What does this mean? What is its prospects?
hope something will come out very soon
It is an interesting idea that has been out there for at least two years. For those of you who can’t access the bill, it calls for an H-1B-like nonimmigrant visa for nurses.
In 2005 this legislation first came across our desk. I’m glad to see that the facilities that are pushing this have finally been able to get it introduced.
While HLG is not enthusiastic that it will be passed (it is sponsored by the minority party), HLG would love to see it passed and would undoubtably support it.
TO HLG:
With the infinity of the CIR or any recapturing legislation being passed this year, HIB filing for cap 2008 is fast approaching, would it be a great idea for us PT’s who were filed for an I-140 already to asked our employers to file us this April 2, 2007 for an H1b?
If our employers are willing to file us with H1b while I140 is pending, what will happen to our immigrant petition? Is it necessary to withdraw it or is it ok to have it as stand still application?
Please comment on this….thanks
Dear HLG,
Before anything else I would like to say thank you for your great effort to help us nurses who are affected by the current retrogression. I hope you will not get tired of us despite of the discouraging and demeaning comments by some bloggers.
I’ve just read the new bill introduced by the Congress last March 6,2007 entitled the Nursing Relief Act of 2007. The aim of the bill was to create a new non-immigrant visas for nurses inorder to alleviate the current nursing shortage. I don’t know whether I should be happy about this or not coz I find the immigrant status much more advantagious. I am currently being petitioned although my I-140 wasn’t approved yet. I just want to know the possible consequences that may affect my current immigrant status petition once this bill becomes a law. Thank you and GOD BLESS!
marj
What is the meaning of an new H1-B-like category for nurses? does it mean that the husband and children will not be able to work in the USA?
By the way, my March 10 9:03 comment was re- the Nursing Relief Act of 2007 (HR 1358).
We’ll have a comment on the Hutchison Amendment very shortly. Thanks to everyone for all of their information. I’ll probably make it a formal post, as opposed to a comment.
HLG,
I have everything ready like – i got my license, visa screen certificate and also my employer in CA is willing to file for me.
As i am already in US (H2), the question is if my lawyer files the petition for me, will i be able to get at least work permit and start working?
Your feedback will help me understand the situation.
Thanks,
we are so much worried about the retrogression. Hope it will be fixed soon