Lofgren-Sensenbrenner bill to recpature GCs; Sched A to come next? 04/25/08
On Wednesday Reps. Lofgren, Davis, and Sensenbrenner introduced H.R. 5882, to “recapture” employment-based (EB) green cards that Congress authorized in the past but that went unused before the end of past fiscal years due to government processing delays. Pundits estimate that approximately 218,000 unused EB green cards will be brought back into supply for all employment-based workers.
Significantly, HR 5882 has bipartisan support and has two “heavy hitters” (Lofgren and Sensenbrenner) leading the charge. Unlike past immigration proposals, this one has a real chance at passing.
The long anticipated legislation targeted at Schedule A occupations — PTs and RNs — should be introduced next week. We’ll have more information once the bill is formally introduced.
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86 Responses to this article
This would be great news, except for the fact that USCIS is being so incredibly slow processing i-140s that I’m not sure this would speed things up much for those of us in ROW AOS schedule A. I guess it would, but I’m just frustrated right now with my I-140 languishing at TSC for almost 10 months now.
How will USCIS be able to handle processing these extra greencards and applications that will flood in? That is the big question.
lets pray hard for this, thanks HLG for making my weekend.
The introduction of H.R 5882 sounds like a bad news for Schedule A.
A large number of unused EB3 visa is going to be consumed by all EB3 category professionals.
Will there be any scope to introduce separate Schedule A recapture if this bill pass?
If so what are the chances of that bill to succeed?
HLG please comment.
UK-guy
Thats good news, but on the other hand even if they introduce these bills, the real culprit is USCIS. They are so backlogged in their processing of papers, lots of Visas wasted due to their inefficiency. Congress needs to overhaul the whole Agency, USCIS. We tip our hats to HLG, for being an advocate to Immigrants specially to professional workers!More Power H L G!
Yeah! it’s the same as my I-140 was filed 9 months ago,but still no approval.I remember when i’ve check from the USCIS website last Dec. 2007 that they already approved I-140 up to April 2007 but when i checked on January 2008 they turn back to Dec. 2006.And now when i check their website they are processing up to Feb. 2007.I don’t know what happens next!Anyway that is Nebraska service center.It’s totally different from Texas service center,they are now processing July 19, 2007.I think it’s faster than Nebraska service center.
Hi Rn-philippines
My PD is Dec 2006 (nebraska) and I jsut got USCIS approval last April 21. Let us just keep on praying that things will move fast now.
MORE POWER TO HLG!!
speaking of uscis processing time… i also have similar experience like you guys. mine is oct 07, when i checked last month,texas service center is processing aug 15,07 but the update this april 15 says that they are back to july 19,07. isnt it frustrating. i just wish us guys all the best,we’ll just keep on praying.
Congress is starting to address the Visa availability issue, but it is not adressing USCIS productivity. So there are 2 issues here: one is Availability and two is Productivity, lets say no. 1 is passed, we still have a big problem, USCIS productivity. If visas will be added, there will surely be lots of visa applications being flooded to USCIS. So those who are already waiting in line, are in good shape, but how about those who are just starting to get in line, and every yr, the Philippines, India, China are producing lots and lots of Nurses.
Mo’ Visas,Mo’ Money, Mo’ Problems for USCIS! And for Applicants too!
To HLG,
Thank you very much for this update. It is such a relief.
HR 5882 is good news for everybody, here is what immigration attorney Greg Siskind said in his blog about the chances of passing of the bill:(source:http://blogs.ilw.com/gregsiskind/2008/04/wharton-school.html#comments)
“I knew this was coming, but my sources tell me that any bills of this sort will have a tough fight. Possible, but tough.
Posted by: Greg Siskind”
This is what immigration attorney Ron Gotcher had to say: (source: http://www.immigration-information.com/forums/showthread.php?t=4952)
“My feeling is that there is strong support in both houses of Congress for sensible legal immigration reform. This would include increasing H quotas, increasing EB quotas, and rearranging and increasing FB quotas. If put to an up or down vote in both houses right now, this kind of legislation would pass easily.
The problem is the lingering issue of amnesty. There is a small group in Congress that is insisting on the inclusion of amnesty provisions in anything that comes to the floor. Thus far, they have successfully blocked all immigration legislation from going forward. Pressure is starting to build on them, however. Other members of Congress, initially sympathetic to their cause, have now openly called for them to back off and allow necessary reforms to move forward.
The “spineless” comment made against the Congressional Democratic leadership this week tells me that these folks are starting to feel the heat and may not be able to keep up their opposition much longer. They have used up most of their reservoir of good will and are now starting to make other members angry with them. By themselves, they can’t hold off the passage of immigration legislation. This can only be done if their colleagues respect their wishes and agree not to vote. I think that the time for respecting these wishes has come to an end.
Accordingly, I think that we will see immigration legislation this year. Whether it is before the election, or during the lame duck session, I do believe that we will see it.”
I would agree with uk_guy that it is not good for schedule A. Schedule A should be priority and the bill for EB-3 second priority.
Schedule A as a separate bill should be filed.
Last time when Schedule A bill was passed it was actually part of a similar re-capture legislation. Out of the entire legislation only Schedule A was chosen and passed. So presence of such a bill as HR5882 will not be harmful to a Schedule A legisltaion.
Anyways when there are similar bills or bills with common objectives they are usually combined into a single piece of legislation.
Thanks for the info abc123.
I just hope the same scenario would happen whereby schedule A gets approved rather than the entire EB-3 recap.
I’m not that familiar with the petition process, any help would be much appreciated.
-My case was filed to USCIS on February 2008. I saw the current Nebraska SC processing times and based on my estimation, it would take about a year before my case will be approved by the USCIS. Is it really that long? I also got confused if nurses are categorized as SCHEDULE A or SKILLED/PROFESSIONALS?
-What if the next VB will become current (C), will it be also a good news for those who still have pending/not yet approved case to USCIS?
-After receiving the Notice of Receipt, what’s next?
Thank you!
Hai
I hope this will be a relief for Indian schedule A category instead of that desperate situation and looking in to the dark……
Hoping immigration reform dreams will come true this year.
I wish this bill succeed, this is a big help to those who are affected of the backlog, BUT it doesnt mean that this bill is enough to remove the backlog. This bill is not enough to change the coming VISA BULLETIN to be in “CURRENT” status. But at least, it will remove a small chunk of the waiting time.
To All Followers of this blog, specially for the newbies. I hope this help you guys.
“Current” status on the EB3 or Schedule A on the next or coming months is IMPOSSIBLE, why?! Because of the countless applications filed last June 2007, or we may say the “June 2007 Visa Bulletin Fiasco”. If im not mistaken, there is nearly around a million [pls correct me if im wrong] applications filed on that month. Even if this bill succeed, it will not eliminate the backlog but of course it will cut a little time of waiting lets say around 1/4 or less…
If your Priority Date is “BEFORE” June 2007, your lucky! because your ahead of that line, my prediction of this Visa Bulletin progress that it will move way up to MAY 2007, if not this fiscal year maybe next, thats for sure! Further movement depends on the visa available for this fiscal year. We only have 140,000 limit to be divided all over the world and i think we have only 10,000 per country annualy.
If your Priority Date is “AFTER” June 2007, sad to say but i think you will wait much longer, maybe around 3 to 5 years. Its all because of the june 2007 fiasco, there are tons and tons of applications in front of you and it wont subside that easily. I think the only way to remove that backlog is not just a recapture but a removal of annual visa limit which is IMPOSSIBLE. My suggestion to you guys is to try other countries while waiting your PD’s to be current, and of course PRAY!
Please any body tell me that PD is that date when i-140 approvred or that when case shiftted in nvc.
Addressing two issues:
1. Processing times. We’ve addressed that in our legislation. I think everyone here will like it when they see it.
2. Recapture legislation “taking” visas from Schedule A. We’ve also addressed this in a way to make this a non-issue.
When you see the legislation you’ll see that we realized some of these weaknesses (and a few others) in past efforts and specifically sought to address them in our legislation. We’ve spent considerable time “behind the scenes” getting support (thus, the lack of news over the last two months or so).
Believe me when I tell you that a lot of members of the CTIHS and HLG have spent a lot of time on this. Thanks to all of you who didn’t lose faith.
The bill isn’t perfect, but it has some “heavy hitter” support, and we’re really going to try and get it passed this spring/summer. Some of that will depend on all of you urging your employers/staffing companies/etc. to join the CTIHS so that we can really put a lot of pressure on Congress.
Go ahead!!!
Let us pray for the Successful END.
hi,
Can someone please tell me how to contact the NVC? I tried it for so many times but the same goes with the response that I have exceeded the number of tries. All i only did was to follow the instructions they said.
the question is…how long will this retro going to end?i just found out that there is a big shortage of nurses in the US.some hospitals are closing some units due to nurses shortage..by 2020,about 500,000 nurses is needed to fill those missing slots if the problem is still going to happened…lets just pray guys!!!
i think it will take time but it wont take that long. In the past few years there is a lot of bills being passed by the congress and senators to cut those shortage, in short they making steps to produce their own nurses and not rely heavily on other countries.
hey , guys hope this will be the end of retrogression for pt , rn’s
see you in usa soon.
Schedule A Bill going to introduce next week is the graetest news and hope for us.
If passed, it will help all nurses to continue with their consular interviews!
Thanks HLG
dotPH!
You said a very good point. Thanks.
star rock. Thanks!
Thanks HLG… Thanks for your support… Lets all pray that this bill gets passed..
ecko’s mom,
How many months you’ve waited since you filed your I-140? And when is your NCLEX expires?
rn-philippines,
Since my PD was Dec 2006, and was approved April 2008, I waited for 16 months, I am about to take my NCLEX this Sept. becuase I failed last year, so please pray for me.
hope for the best,
the gift which we receive lately will be more beautifull.
God will not leave us in the half way.he is faith full to his childrens.
may god give us a very pleasant news in the coming days.
To HLG,
If you plan to get it passed this spring/summer, then will I be wrong to presume that it will be an amendment not a bill?
Goodluck to all Schedule A’s! Just keep on praying for our PD’s to become current..
PD is the date when USCIS received your I-140…Not the notice date.
to rn-philippines
if you already received your “receipt notice” that will be your priority date. the PD is the actual date in which the uscis received your I-140. all you have to wait is the approval of uscis to your I-140.
Hi guys, hope you could help me with this….
My PD is May 2006. I recently got this email from the NVC
“This petition is now eligible for further processing. The petitioner,
beneficiary, and/or attorney of record will receive further instructions
regarding the processing of this petition”
Can somebody explain to this to me in plain simple terms and what are the possibilities? Thank you so much!
emman_ptrp
hi. we have same reply from nvc the last time i have my case status inquiry, i think that was last month. My PD is September 30, 2005. Maybe NVC started to send our attorney etc. what we need to submit again to in order for NVC to process again our case. Like new NBI(valid only for 1 year), recent photos(valid for 6 mos), photocopy of passport, fill up again new DS230 and waiting for another fee bill on my case because my agent told me that there was a change of the visa fee from $380 to $400. I have paid my fee bill June 2007. If you are under an agency then all you have to do is ask and just wait for them to submit docs to NVC because they are the only authorize to sub mit docs because they are the ones who petitioned us.
hi everyone,im confused about the new visa fee because as what i have read that the new visa fee is $1,010 from $380.in one site its $400.kindly tell me what is the right fee.thanks!
HLG,
Thank you so much for working on this! I know the Congress Hispanic Caucus is trying to hurt this bill. Please let us know if we could help counter their efforts.
You can track this bill via:
GovTrack.us. H.R. 5882–110th Congress (2008): To recapture employment-based immigrant visas lost to bureaucratic delays and to…, GovTrack.us (database of federal legislation)
http://www.govtrack.us/congress/bill.xpd?bill=h110-5882
any news on the upcoming VB?
aryo,
u can go to USCIS site and you can find the real amount to be paid.
For the bloggers,how will you know if you are already schedule for interview aside a letter coming from them?Can I able to contact consular to know the sked specially here in London?As we are home to Philippines this coming May for 3 weeks vacation and according from my agency,it might be during this period that a letter for our interview sked arrive by post and we might miss it,what is the best thing to do,please somebody help….
for AOS payment will be USD 1010 {includes biometrics and concurrent filing with I-765 orto have work visa] but for CP visa fee will be USD 400..
to all bloggers…..
could you please stop any questions, advices and corcerns regarding your application in this blog…
this is for immigrations blogs not for consulatations…
if you want to contact a lawyer for your advice…
not from your fellow bloggers..
what might they advise you may not totally correct…
to end up your concerns and problems contact (ex.the HLG) for there service..
in that case, the too many questions do you have will make out in progress…
only the person who has in the field of expertise can answer your concerns…
more power to all and GOD bless..
to joyce,
you can check the US embassy in manila web site,from there you can check your interview date.
to leigh and marvin,
thank you for the help.i got it already!
hey guts. new here. congrats to all with current PD. am anxious with the june VB though. hope it will jump a full 12 mos.. just wishful thinking. my PD is Feb 2007 still a long way to go!!!
Well i cannot be very sure 100% but this Bill isn’t going anywhere, word has is that its already dead, am rather pessimistic of any Schedule A this year. by any chance probably somewhere summer 2009.
it will be a surprise if anything happens this year.
To Lucifer07,
Yes, you are right, we must focus on the topic of this blog.
You are correct Lucifer07.Bcs of this we have to search the blog for getting informations about the status of immigation bills etc posted by our fellow bloggers.Otherwise HLG has to start another blog for them.
I completely agree with what Lucifer said,
We must focus on the topic of this blog.
This news could have been good news for me had my case been approved by USCIS. It was filed by my agency August 2006 and up to now it is still pending. The problem is with my agency, all its petitions are all pending up to now. I was asking them if I could could just withdraw my contract with them, they said I can I just have to pay them $10,000. Anyone with the same situation?
To gashe ,
Can you provide the source for your information?
Thanks.
To Gashe
Is this information correct?Bill is already dead??No chance for RN’s?So predictions are correct that retrogression may last for another 1-2 years.
to hlg ,
please update with information on schedule A , i saw some posts says it’s already gone .
as per your last postings it said bill would be introduced some time this week .
please keep us posted thanks
to gashe where did you get that information?
anyone can answer…I called NVC 2 days ago and the automatic voice sair tha ” the nvc office is waiting for the returned biographic forms from the lawyer..
My questions is..what are those biographic forms? Help me pls..Thanks
to egon:
Dont pay the $10,000. seems like theyre not doing their job. what you need to do is find an immigration lawyer and have that case handled by a professional.
Dear friends
Hearing information:
Wednesday 04/30/2008 – 2:30 PM
2141 Rayburn House Office Building
Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
Hearing on Wasted Visas, Growing Backlogs
By Direction of the Chairman
to: egon
who is your agency??
What’s happening here, nothing clear. We are getting all broken comments and messages.
USCIS is NOT able to work hard and not able to use 140K visa each year..we are talking about 218K visas..!! USCIS will NEVER able to use these visas in time and they will waste them once again..!! [ IF this bill will pass and they will allocate 218K visas!!!]. At this point..we should know that USCIS needs really nice training and productivity..without that no use of increasing of visa numbers..visa numbers will get lost in USCIS only..
To Lucifer07, pnoyrn, truth & pala paulose,
hey guys! let’s have some respect and consideration to other people’s feelings here…..people want to know things about immigration & some related topics…latest info on the bill, visa bulletins, applications, approvals of the same, visas, consular interviews, documentations and the like…….all dwell on the issue of the immigration still.
this is my second time to post a comment here but have been reading this blog for quite sometime now. I found lucifero7′s comment a little bit off. And to the others to whom I am addressing this comment and who share the same sentiment with him, I just want to ask you to please find it in your heart to just be patient and let the others find satisfaction in their search for some answers to some questions and express their happiness or disappointments regarding their papers. If you don’t want to read them…..then skip them! Nobody will care for sure. Post a comment or not, so be it and nobody will care too! Plain and simple.
I don’t want to stir any form of argument here guys. All I ask is for you to just let these people write what they want for as long as no one is hurt and insulted. Let’s just be level headed and peaceful. God Bless!
To Leobel,
Pls donot be judgemental, bec most of the topics here that are posted concerns each of his immigration cases, which only an immigration lawyer can answer, other topics will only drag on, so when its HLGs turn to reply, the blog is so full of other topics, i mean to say is the Internet is so vast, some other questions posted here can be answered in the common sense, or you can go to USCIS website for the answers. Im not disrespectful, so pls dont be judgemental, were just trying to “streamline” this blog. Its just our point of view, if you dont want to agree w/ us, so be it. Anyway this site is free to comment on w/c way you like it to be. Peace.
I strongly agree that this blog should focus on the retrogression issue.
For people who have questions with regard to their specific cases, I suggest you go to other online forums such as allnurses.com.
Although this is a free world, we do need to have orders to make it efficient.
To fellow bloggers,
If you need more immigration website resources, you might want to check out these sites;
http://immigrationvoice.org/
http://www.allnurses.com
htttp://blogs.ilw.com/gregsiskind/
http://www.shusterman.com/
http://immigration-information.com/forums/index.php
http://www.murthy.com/chatlogs/chattran.html
http://www.uscis.gov/portal/site/uscis
In this reality world, we always have to move forward, dwelling on Sentiments and Frustrations will only further drag us down, let us always find ways to be Resourceful and Optimistic in these times of Limbo and Confusion.Just be proud of yourselves that we are in this situation, were trying to seek ways to improve our lives, compared to others who always whine on their hardships and dont even lift a finger to do something. As Barack Obama say,
CHANGE we can believe in!
i talk to a friend who has conncetions in the Hill and told me they talked to a senators staffs who revealed to them that “bill” will not see the lighht of the day.
and painted the picture that nothing tangible ie in the name of the priced Schedule A will appear this year.
But this is entirely the views of someone and for sure no one can predict precisely the shifting sand of the house floor matters.
pnoyrn,
YOu have consolidated the sites, great work and thanks for your useful effort.
to Losthearter,
Thank you my friend, we are all sailing on this Ship, but if the ship is starting to sink (because of overload), better start learning on how to swim!
Attn:Retrogression affected Friends:
Hearing information
Today:Wednesday 04/30/2008 – 2:30 PM
2141 Rayburn House Office Building
Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
Hearing on Wasted Visas, Growing Backlogs
By Direction of the Chairman
We can segregate comments related to legislation and comments related to immigration issues.
We can post comments on personal immigration issues on HLG’s posts such as the “Visa Bulletin-May” and “MMM.
while the posts, wherein HLG updates regarding Sch A, we can reserve only for the legislation related comments.
That way everyone will know which post to check comments for, instead of reading through unwanted issues.
Hi all,
Can any one tell me, if, 2180000 recapturing visa bill passed, how will it help Indian nurse? Will VB move forward b’coz of this? If so, how long? Pls answer me…Thank you..My PD is 2006Oct.
Rgds
PD becomes Current. That is my view.
Another Immigration bill:
H.R.5921 : To amend the Immigration and Nationality Act to eliminate the per country level for employment-based immigrants and to end the spill-over of unused immigrant visa numbers between employment-based and family-sponsored categories.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/29/2008) Cosponsors (1)
Committees: House Judiciary
Latest Major Action: 4/29/2008 Referred to House committee. Status: Referred to the House Committee on the Judiciary
and see this people:
H.R.5924 : To provide relief for the shortage of nurses in the United States, and for other purposes.
Sponsor: Rep Wexler, Robert [FL-19] (introduced 4/29/2008) Cosponsors (1)
Committees: House Judiciary; House Energy and Commerce
Latest Major Action: 4/29/2008 Referred to House committee. Status: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
I am guessing that’s our bill people. Let’s wait for HLG’s update. No text yet though.
ABC
U R GREAT!
Man, you guys don’t miss anything. See my next post….
HLG…Any surprise??waiting for ur post
to pnoyrn,
i did not mean to sound judgmental…
as ypu said, this site is free to comment on which way you like it to be. THings have been said so let’s just leave them that way.
Your efforts are appreciated and i commend you for sharing those immigration sites. Peace!
to abc123,
thanks for your suggestion on segregation of comments. People will at least have the options where to post.
Your information are useful. Nice work!
to HLG,
thanks for the new update! this is definitely uplifting and we all pray for the success of this bill. GOd Bless!!!
To abc123 and others…
plz explain….
1. Lifting of retrogression for Schedule A workers. Any immigrant visa quotas or caps are waived for all visa applications filed for Shortage Occupations (Schedule A occupations: Physical Therapists and Registered Nurses), provided that the I-140 is filed prior to September 30, 2011.
2. 20,000 primary beneficiary quota. While there is no retrogression for Schedule A cases filed before September 30, 2011, Consulates may not approve more than 20,000 primary beneficiary visas in any one year. There is no quota for the immediate family members of such beneficiaries.
so that means the nurse’s spouse cant accompany them to the usa???
Hi redflower!
What if I am not under an agency? My employer thru an immigration company filed the petition on my behalf? What can I expect from the email from NVC? Does it mean the my case is already up in the Manila consulate and is processing there?
Dear HLG,
Hi guys, hope you could help me with this….
My PD is May 2006. I recently got this email from the NVC
“This petition is now eligible for further processing. The petitioner,
beneficiary, and/or attorney of record will receive further instructions
regarding the processing of this petition”
Can somebody explain to this to me in plain simple terms and what are the possibilities? Thank you so much!
hi emman_ptrp…
meaning that your case will be eligible for processing.hopefully by the next visa bulletin, your case will be current.. so just update your ds230, nbi clearance… Goodluck..
Greetings! I had a difficult time hunting for this writing, I am using it for my assignment, please don’t hesitate to make new informative topic. waiting for your future posts. Thanks, Good Luck!