HR 5924 is live! 04/30/08
Last night Rep. Wexler (D – FL) introduced our legislation. It is HR 5924, and is co-sponsored by Rep. Sensenbrenner (R – WI). The Government Printing Office has not yet printed the legislation, but since the CTIHS has been instrumental in moving this bill, HLG is very familiar with the legislation.
The key points of the legislation are:
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.
3. Expedited Review. The USCIS must review — and approve or issue an RFE — on all Schedule A I-140 cases within 30 days of receipt.
4. Grant Fee. All primary beneficiary nursing visas issued under this legislation must pay a fee of $1500. Katrina-effected and HPSA employers do not have to pay the fee.
5. Grant Program. These fees will fund a Grant program. Schools of nursing may draw on this fund based on their student populations. The fees are to be used to attract, train, and retain nursing faculty, purchase educational equipment, expand infrastructure, and attract students.
6. Liberalized US Citizenship for some Health Care workers. Time spent by US Permanent Resident Health acre workers in a developing country will not be held against them in their endeavors to become US citizens.
7. Obligation Attestation. Immigrant visa applicants must attest that they do not owe their country of residence or origin a financial obligation. An obligation is defined as financial assistance that the intending immigrant incurred to defray the costs of education in consideration for a commitment to continue to work in that county.
The fact that Rep. Sensenbrenner is co-sponsoring the legislation is particularly important. He is known as someone who is not “soft” on immigration. He was one of the first Congressmen to call for a fence on the US Southern border. He should signal to some members that this is the kind of immigration legislation that is positive for America.
This is a good time to remind everyone that we are still actively seeking contributions to the CTIHS. In the event that not enough contributions are received, we will have to stop retaining the lobbyists. Presently, we do not have enough funds to continue the effort through the summer. There is a very real chance of this legislation being passed this year and it would be a shame if the effort stalled so close to the finish line. If you are interested in contributing, please contact:
Christopher T. Musillo, Esq.
Hammond Law Group LLC
cmusillo@hammondlawfirm.com
——————-
Note: Some people have mistakenly read this to mean that family members are not eligible for visas under HR 5924. That is not the case. Let me be clear: family members may enter the US as derivative beneficaries under HR 5924.
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113 Responses to this article
That is the surprise !!
i sent $400 to ctihs so kookoo can put her education to workie.
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???
Is it that the Nurses spouse cant accompany them to USA?????
Is it that the Nurses spouse cant accompany them to USA?????
Is it that the Nurses spouse cant accompany them to USA?????
Is there a live broadcast of the debate this afternoon? Please share the link. thanks!
To Mallunurse,
“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.”
A note by HLG:
Some people have mistakenly read this to mean that family members are not eligible for visas under HR 5924. That is not the case. Let me be clear: family members may enter the US as derivative beneficaries under HR 5924.
i know it will take along time but still we have to be happy with the recent development. One thing more, I am very sure June 2008 visa bulletin will advance not less than 7 months. i am very sure of that!
wanna bet….?
voltron,
I agree with you man! June VB most likely 8-10 months advance…
Voltron,
What is your PD?
great news!!!!!!!!!!!
waiting for more inforrmation
Voltron and Mainpower,
E3 Phil June2008 VB prediction:
Worst case scenario : Jan. 1 ,2007
Best case scenario : Current
Good luck to all!
bolog
“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.”
Dear HLG,
Does this mean 20,000 primary beneficiaries a year per consulate (ex. 20,000 for Manila US Embassy) or 20,000 per year Worldwide?
Thank you and more power.
bolog
to bolog…
do u have yM? i want to ask some tips but not here in blog…
please make it clear “There is no quota for the immediate family members of such beneficiaries”.
Thanks HLG…. Thanks for clarifying on spouse issue. Thanks a lot.
What is derivative beneficiary?? Can someone help..
Derivative Beneficiary – Immediate Relatives( Spouse and kids under 21 yrs of age).
Thanks Pnoyrn..
Can they work as in earlier cases??
As they say dont kill the messenger:
It is better to be well informed than to be ignoramus. However; my salute the HLG!
The Nexus
Recent news reports indicate that the Congressional Hispanic
Caucus has secured the House Democratic leadership’s agreement
that none of several enforcement and employment immigration
benefit expansion bills lately introduced would move forward to a
hearing or a committee vote. Doubtless, advocates of employment
based immigration and increased immigration enforcement will try
to attach their pet provisions to must-pass legislation later
this year. However, we believe it is unlikely that any benefit or
enforcement bill will be acted upon without confronting the
elephant in the room – legalization. Last month, comprehensive
immigration reform was within about 30 House votes of passage -
that was the margin by which the discharge petition for the
Shuler enforcement bill fell short. It is instructive to note
that the House Hispanic Caucus was prepared to accept a 5-year
temporary status for the undocumented if the Shuler enforcement
bill had moved to a floor vote. This marks a significant
concession by the Hispanic Caucus in that they did not seek a
path to permanent residency, and also shows how serious the
Caucus is in insisting that nothing significant on immigration
move without legalization (which apparently now means a temporary
status, not a permanent one).
The political situation of the three legs of the immigration
stool – legalization, increases in employment immigration, and
enforcement is as follows.
++For those in the public who want to see increased immigration
enforcement, the stark reality is that such enforcement is, and
will continue to be, severely under-funded. That is because it is
Congressional policy to pass tough laws and then not to enforce
them too much. That way, Congress gets to be popular with both
sides of the immigration issue, something hard to fault Congress
for in a democracy. Furthermore, even the hard core enforcement
supporters in Congress are ready to make a deal on legalization
so long as the overall terms are palatable to them. The noisy Lou
Dobbs supporters who decry any form of legalization as
unacceptable are just a bargaining chip to be bartered away at
the first suitable opportunity by their own heroes in Congress.
++For those who want legalization, the reality is even worse. For
starters, the undocumented cannot vote, and many of their near
and dear ones still await naturalization. Their supporters in
Congress have already given up on a path to permanent residency,
and the legalization process, once enacted, is likely to be both
expensive and unforgiving of even minor technical errors. In
addition, it is highly probable that entire family categories
will be eliminated as a price for legalization. True legalization
will have to await the resurrection of 212(c), something for
which there are no champions for in Congress today.
++For those who want a better correspondence between our economic
needs and our immigration laws, in the form of increased legal
immigration numbers, the reality is still worse. Numerically,
they are the weakest of the three immigration lobbies, and are
squeezed uncomfortably between the other two. They would like to
solve tomoro’s immigration numbers without taking a stand on how
to deal with yesterday’s undocumented immigrants – not a good way
to get support from either of the other two lobbies. The
employment immigration advocates and the undocumented advocates
are both in the same benefits boat, and unless they can work
together, they cannot make a deal with enforcement advocates.
For better or for worse, comprehensive immigration reform appears
to be the only way that would be politically assured of
Congressional passage. The earlier all sides recognize this, the
better off they, and America, will be.
We welcome readers to share their opinion and ideas with us by
writing to mailto:editor@ilw.com.
hi everyone! i’m just new here reading the HLG blog entries. Thanks HLG for the updates.
after your priority date is covered by the visa bulletin how many months would it take for you to get a schedule for the interview in the embassy?
hope someone can help me with this… (you can aslo email the answer in my email address @: Georg_UST@yahoo.com)
I think what it means is that no visa caps on nurses till 2011, but only 20,000 nurses will be allowed per year to enter US.
In this 20,000, family members are not included, so even if one nurse brings in 3 family members along with her, all 4 would use up only 1 primary visa from the 20,000.
This is unbelieveable good news. Asbsolutely brilliant bill. I hope to God we succeed.
great news!!!!!!!!!!!
waiting for more inforrmation
Bolog,
Great if that’s the case…what is your PD? How long will it take to be called by the embassy after your PD become’s current?
I need your idea sir!
Goodluck to all nurses with current PD’s… This is great!
The bill seems promising but 20000 per consulate is not cool.
I hope it gets passed but if I were to make some changes in it, it would be on the part where they limit it only to 20000 per consulate.
What are they afraid of? Too much immigrants that the US population would equal that of China?
The military conquests of president Bush is the one that drained America of its money.
If it hadn’t been for his “wars”, USA wouldn’t experience recession.
To ABC,
YOu are right. If this bill becoms law, it will make nurses PD current until 2011 including family memebers!
what happened on a debate yesterday? i forgot the bill title.
I really thank your effort HLG, but the same time have genuine doubts about the success of this bill in the light of previous experiences.
We all have great interest to hear your comments on what ramzenger quotes
“Congressional Hispanic Caucus has secured the House Democratic leadership’s agreement
that none of several enforcement and employment immigration benefit expansion bills lately introduced would move forward to a hearing or a committee vote”
“It is unlikely that any benefit or enforcement bill will be acted upon without confronting the elephant in the room – legalization-….
As per the new HR5924, for nurses and PTs , there is no retrogression till 2011 but spouses and kids are going to be retrogressed again, because only quota allowed for them is 20K for one year….this is what I understand from HAMMOND Post…..
many such legislation have been presented in the past but not passed in the senate.lets keep our fingers crossed and wait for a miracle
this legislation is like sugar that tastes bitter.only 20000 visa per year,that means once 20000 visa is over it is retrogression once again till the next year.i suppose 20000 visa is for the whole world not country specific.so lets all start another waiting
thanks HLG for your sincere effort
mharz,
pls give me your e-mail address and i will e-mail mine to you.
mainpower,
my PD is NOv 2005. PD does not matter even if it is current if your case is not complete as per NVC.The case should be first complete and considered as documentarily qualified and PD is current before NVC will schedule an interview. If this is all done, NVC will inform the lawyer about this and forward the case to the Embassy.
Bolog
Thanks God,
Finally there is a good news….
mharz,
my email address is bolog68@yahoo.com
HLG & All Shedule As”ALL D THE BEST”
Aren’t members of congress bound to uphold the law? Isn’t the demand by the Hispanic caucus that people who came here illegally be given amnesty circumventing the law and therefore an abuse of power? The Democrats should be ASHAMED that they are allowing this group to hold legal immigrants hostage as a form of blackmail to force the U.S. government to give amnesty to lawbreakers. All Americans should be outraged at this conduct.
These may sound like harsh words my friends, but this is the sad truth about the current situation with regards to any kind of reform of the immigration system. I hope I am wrong, but I fear I am not.
VERY QUIET?
ANY THING BEING COOKED?
This is a BIG GOOD NEWS for ALL!
More Power HLG!
can i know what is the current priority date now in the Philippines?
Bolog,
Thanks for the very good answer on my inquiry..Goodluck to you..
Hi all,
If, this bill or other bill which recapturing 218000 visa,any of this get passed, How long it will take to come into law? Can somebody tell me..?Pls…
Mainpower,
Good luck to you too!
Bolog
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.
Hi,
What is chances for this bill to pass thru in both houses and signed by president? If so, how long will take all this process..? Any body,,?
this is indeed a great news…let us continue praying that this will materialize soon…
this is indeed a good new…hope this will materialize soon
apo1925,
anong chapter mo tol?
A bill’s journey into a law is often times a long and arduous one.
United States Congress is made up of two chambers, A House of Representatives and a Senate.
A bill is introduced in the House or the Senate. It is then debated in that chamber (House or Senate) and after intense debate, comes up on the floor for voting. If it passes, it needs to be introduced and passed in the other chamber (House or Senate). Many times, the exact same bill may not be introduced in the other chamber, and therefore needs to come up before a joint reconciliation committee where a subset (sort of) bill is agreed upon. It then comes up again before both the chambers and if passed goes to the President who can veto it if he/she wants. If the President signs it, then it becomes a law with the effective date mentioned in the bill. If the President vetoes a bill, it goes back to both chambers and if passed the second time by two thirds of majority in each chamber then it becomes a law overriding President’s veto.
Its a long journey, this is just the first step.
hi , any one please ,
any idea what happened to the hearing about recapturing unused visas …
guys if you get information please post them….thanks
hope this bill will clear all hurdles..
marvin,
Zeta Psi..Ikaw anong batch tsaka chapter tol?
apo1925,
ALPHA DELTA 81
anong batch mo?
apomv@sbcglobal.net
hi mon_rn,
guapo kaayo ka dong! asa naka karon? its been a long while waiting for the retro to be lifted
mon_rn,
whats your PD
to hun…
ur also bisaya diay… wats ur PD? god bless
hala daghan bisaya, magkita lang nya ta didto US ha…
mharz
my PD is March 2, 2006
turagsmoy
lagi……..
to all bisaya…
gud luck natong tanan…
http://www.govtrack.us/congress/bill.xpd?bill=h110-5924
oh,,,
Finally a gud news came.Firstly we thank ful to HLG. Pls nurses dont make nuisance.Please prayer for the next step.Anyway nurses dont worry August onwards u will fly . Thimk positively.HLG and CTIHS hardly trying for that.You people dont know how much they are trying for….. So pls continue your prayers.
Dear waiting for that great news (Retrogression resolved).
oh finally a great news came .we can continue our prayers.pls nurses go on ur prayers.Thank u HLG AND CTIHS
hi , hlg how was your may2 nd
symposium , would like to hear from you .
thanks
hello hun,
kaila ka nako? my pd is april 14, 2006…yes, it has been a long while. we have no choice but to wait…hehehhehe…naa ra gyapon ko pinas…
fs account monroe_abelarde@yahoo.com
For those who are interested, the text of HR 5924 has finally been published. Here is a link:
http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.5924:
The cap appears to be 20,000 Schedule A visas per year. I am curious though, if there are more than 20,000 applicants in one year, do the excess then fall into the EB-3 category?
Also, I didn’t see any reference to a September 30, 2011 cut off date for this legislation. Did I miss something, or will this law continue beyond this date?
N unsa naman ni nga nag binisaya naman ta diri, dili na ni maayo! Ha ha ha!!!
Maayo unta ug maka trabaho nako haron maka uyab nako ug gwapa unya puti p jud!
Manalagar kila labat ta nasabin sansya tan.Be positive we all want to pursue our plans so be it….Optimism is the word. God bless to all!!!
N unsa naman ni nga nag binisaya naman ta diri, dili na ni maayo! Ha ha ha!!!
Maayo unta ug maka trabaho nako haron maka uyab nako ug gwapa unya puti p jud!
Hi our dear phil friends,
Again you people started chatting in your own language. Please don’t irritate us.. OK? We all are here to share what we know or heard about Nurses opportunities in the US. We have n number of languages in India. Please understand others feelings too.. All d best!
please don’t take my comment in the other sense…
Nope we will not be using other languages anymore. and we dont need any misunderstanding, I surely agree with that! Have a nice sunday ahead Tom!
Tol Marvin,
93 ako tol, kilala ko nga pala c sis malene g. ng alpha delta. nasa u.s. ka ngayon tol?
hi friends,
thank God for the good news.kindly friends trust in THE ALMIGHTY GOD WHO KNOWS WHAT TO DO ,WHEN TO DO ,AND WHERE TO WORK.
YOU ALL FINISHED YOUR PART CGFNS,IELTS,NCLEX RN,NOW IT IS TIME OF GOD TO DO WONDER
DON’T BE DOUBTFULL, BLINDLY TRUST HIM, HE IS GREAT. MY GOD IS GOOD ,HE IS NOT PARTIAL, HE LOVES US.
KEEP ON PRAYING ,YOU WILL SEE WONDERS
How rude are these filipinos on using their own language here in this blog. Are these kind of people who are coming here in america!
mon_rn,
o, oi kailan ko nimo sa friendster og YM na lang ta storya kay daghan inggetero diri taga lain nasod.wala ma gani ta ga react ug sila pud mag storya sa ilang language….
mon_rn,
yes oi kaila ko nimo sa friendster og YM na lang ta storya kay daghan inggetero diri taga lain nasod.wala man gani ta ga react ug sila pud mag storya sa ilang language.but-anay ba diay..hehehe
Hun,
Hi! What’s the status of your application.? Have you submitted already the updated documents?(nbi,bc,etc).
My pd is feb 06, until now my lawyer is still waiting for the official letter from the nvc.
Thanks!
mon_rn
Hi,
Have you submitted your updated docs to the nvc or still waiting for the letter?
Whats the status of your case now? Hope you can shed some light. My pd is feb 06.
Thanks. God bless
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!
emman_ptrp,
This means as soon as your PD becomes current, NVC will send your lawyer instructions and/or list of documents that needs to be resend to them so that they can review your case again and deem it as documentarily qualified. The documents they ask are those that expires like NBI clearance, photocopy of passport, 2×2 photos and the DS230. Prepare updated ones now para handa ka na if ever your lawyer ask these from you and you can send it to them right away.
This kind of response from NVC usually indicates that your PD will be current on the next Visa Bulletin.
Your time is coming.God bless.
Bolog
hello emman_ptrp
bolog is right.. same thing happen to me, unfortunately I was not able to update my nbi clearance during that time, thats why I still havent got an interview date.. still waiting..
Dear Friends
My PD is 2006 . I have cleared CGFNS and IELTS and I got my visa screen certificate also. But I have not cleared my RN .Is this creat any problem in getting my Visa from consulate ?? As per my contract agency has not mentioned regarding RN only mentioned
Obtaining of Necessary licence. Now I am planning to process my RN application . Can any body pls help this will creat any problem in consulate interview ?? Waiting for the valuable opinions.
Avanmaarodu onnum paranjittu karyamilla.. Bhagyavaanmaar PD ellam current aayi vannille avanmaarkku.. Nammalkko kurachu koodi kaathirikkendi varumenna thonnunne..
Saaramilla Mallu nurse…nammukkum oru divasam varum… enthaayalum ee varsham nadakkum ketto.. dont worry…
HLG,
What about AOS cases. Is there any limit on how many AOS cases can be processed each year under this legislation? Is AOS separate from the 20,000 consular cap?
Many foreign nursing students who graduate from a US nursing school will be able to file i-140 and i-485 concurrently once they are on OPT if schedule A is not retrogressed.
hi maria,
my PD is not yet current but I was advised by my lawyer to secure documents that will expire soon.As of now,NBI,NSO docs,pics,authenticated photocopies of our passports and DS 230 forms are ready to be mailed anytime.I got a reply from NVC last week,copy paste it for you
Your inquiry has been received at the National Visa Center (NVC).
We are waiting for the form DS-230 (Application for Immigrant Visa).
The applicant must complete this form and send it to this office so that we may continue processing this file.
Bolog, is it true that NVC will not provide DS230 forms anymore?
apo1925,
oo tol ka chapter ko c malene, eto ang ym ko, apomv@sbcglobal.net add mo pra makapag chat tyo
Hun,
Ok. Thanks for the reply. I guess my letter is on the way.
Goodluck.
can i know the priority date that is being process now?
Hun,
How do I make authenticated photocopies of passport?
mixxer,
you can check it to http://www.travel.state.gov click the May 2008 Visa Bulletin..
ecko’s mom,
i mean notarized photocopies of passports.
hi everyone,
i just wanna ask if the nso security paper has expiration or do we need to secure new like it has to be six months or a year before our interview? thanks!
any news on the upcoming VB for June?
Hi Aryo,
I don’t think so, coz mine when I obtain from NSO was dated 2003 and I still able to use it during interview.
ecko’s mom
photocopies of passport showing your picture, name and expiration date will do. No need to notarize it.
leen,
thank you for the info!appreciate it!
bubbly-phils,
Thanks for the info. I’m in the process of completing my documents.
hun,
I have not heard of any information that NVC will not issue DS230 forms.
Bolog
hi, my pd is on aug 2006. would there be a chance that id be interviewed this year?
bolog,
US based agency told me that NVC will no longer provide DS 230 forms.This is my xxx times to fill up those forms. NVC emailed me last week stating that they’re waiting for my DS 230.My agency gave me the link to NVC and just downloaded those forms by myself as well as read their instructions.
hun,
My agency provided us with the new DS 230 forms and we just printed it. Please take note at the upper right hand it states expires on 2010. This is the new form…
any predictions on june visa bulletin?
bubby-phil
yeah i downloaded it from NVC,updated forms that will expire 2010.Its better to get first hand info from their website
Bolog,
Your right, i have a nurse applicant and his PD is October 2005. But until now, we are still wiating for his interview date.
to ecko’s mom,
The documents needed must be:
a newly acquired NBI clearance,
photocopy of passport, bardcoded birth certificate, and a new 2010 DS230 form.
guys!!
any news from june visa bulletin?? chennai visa for june is now available..there is not much changes from may visa bulletin…hope not.
Please help!
I am in the Philippines right now.
I am required to apply for a license reciprocity. (California to Illinois)
How can I secure a Fingerprint Card from the State of Illinois?
please… anybody.. help…
Great News!!! will it pass????? if yes WHEN???
the current is still mar 2, 2006
Hi leen or bolog,
I was asked by my agency to submit notarized photocopies of birth certificates of my daughter and mine. It has been done by a phil.notary public and it has been stated that they were true copies from NSO with his signature. Do they need the lawyer’s dry seal? I didn’t want to submit the original copies as they have tendencies to get lost in NVC while my docs are setting down there.
Thanks a lot.
For anyone who is now waiting for NVC to ask their docs,
My agency said that the NVC now requires us to submit ORIGINAL COPIES of NBI or any police cert.together with an updated DS230 forms, original or notarized copies of birth and marriage certs.,and 2×2 photos.
Hope this helps.
Another concern though it’s not happening yet,
My agency has also told me today that the US Embassy, London mentioned of a possiblity of going backwards with the current date of EB3. It is really frustrating if this happpens! Let’s all continue praying.
Kuttappa, Thoma, Mathayeeeee,
What happend to HR 5924, from many days no updates?? can anyone post the latest status??