Lofgren on H-1s and RNs 04/01/09
April Fools Day is a big day in employment-based immigration. It is the culmination of the “H-1B season.” Companies who have waited all year to hire foreign nationals must rush to get their H-1B visas in the mail and delivered to the USCIS no later than April 7. Conceivably, the H-1B season could extend beyond April 7 if fewer than 65,000 visas are received at USCIS.
The H-1B is one of the more controversial visas in the US immigration scheme. US technology workers often complain that the visa is abused by unscrupulous employers. While there are certainly instances where abuse occurs, neither the USCIS nor the DOL bring many cases against employers, which could lead one to conclude that the complaints are overstated.
Congresswoman Zoe Lofgren is the Chairwoman of the Subcommittee on Citizenship, Refugees, Immigration, and Border Security, and as is the case with one who holds this position, the nation’s most important voice on immigration. In today’s San Jose Mercury News, Rep. Lofgren speaks on the state of the H-1B visa.“Even in this grim economy, there are some jobs in which we don’t have enough people — for example, we still have a nursing shortage,” said Rep. Zoe Lofgren. Rep. Lofgren doesn’t note that very few RN positions qualify for H-1B visas.
Rep. Lofgren’s long-standing goal has been to push a comprehensive immigration bill that attempts to solve many of the US’ immigration problems. She doesn’t think that piecemeal legislation is the best way to legislate on the issue.
The problem with this approach is, of course, that the nursing shortage is here today. For three years niche occupations and employers who have lobbied Congress have been told to wait for Comprehensive Immigration Reform. By the time that Congress is able to get around to passing a comprehensive immigration policy, my hunch is that the legislation will solve last decade’s problem, not the problem that the country needs solving at that date.
Ms. Lofgren should recognize that the needs are today’s problems, not tomorrow’s. She also ought to recognize that there is little likelihood for comprehensive immigration reform; there are too many interested agendas and tempers run too hot when immigration is discussed. The American public needs healthcare workers and this fact calls for targeted niche immigration reform. Holding out for CIR is a fools’ game.
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29 Responses to this article
Hello HLG
We are unable to open the link “In today’s San Jose Mercury News”. Could you help us in opening the site or let us know in detail Lofgren’s comments.
Do we need to understand that according to Lofgren the RNs need to wait for the CIR to get passed and there is no scope for new version 5924 this year.
oopppss, looks like 5924 never did get reintroduced, oh well, back to the drawing board for others and for us already here in the US but without a greencard, just keep on working so long as our work permits are still valid and renewable after it expires in 2010.
Friends, let us now realize why the 5924 was not taken up for mark up last year and why they were busy with horses than patient care. If Madam Lofgres wants to wait for the CIR to get passed for passing Emergency Nurse Relief Act, why cant she take the proposed H1 B bill introduced for 50,000 Nurses per year by Republicans. Can we hope HLG and Team will lobby for the proposed H1B visas for the nurses if there is no scope for reintrdouction and mark up of 2009 version of 5924
Dear HLG,
You were talking of a birth day gift and we, the international RNs, never thought Chris will make all of us April Fool. HLG, AAIHR and other groups were meeting Ms. Lofgren and finally is this the result. Great HLG. It is almost certain now that we should forget about USA and think of moving to Australia or Canada or Newzeland since CIR is also a dream as we all know.
Raji, this is the link to that article: http://www.mercurynews.com/topstories/ci_12040134
basically a death sentence to 5924.
Now 5924 is dead, people should look for opportunities in Canada. Go there with a green card, work for 3 years, you are eligible to apply for Canadian Citizenship. Once you become Candaian you can come to USA on TN1 visa for 3 years and keep renewing while working in USA. Only catch – your spouse or kids cannot work or study if they come on TD visa
Does it mean legislation similar to 5924 will not happen for another three years? Congress is planning to take CIR after three years when Obama is up for re-election? Doubt it.
Truly feel the need of the time is to address the current Nursing need.My request to HLG & other Law firm is to work for the enactment of this legislation on priority. Last year same time we had HR 5924 but was never heard or debated in Congress. This time we urge you to do something to Enact similar legislation. I spoke at wexler office they say it is still in process but never could say as to when it will be published.
Please Act.Now is the time……. or will never
please guys try to understand
nothing will happen in the near future HLG and other agencies will talk about B’ day gift this and that , the fact is nothing will happen . They say this they want to keep their clients in anticipation .
LET ME TELL YOU GUYS IT IS MESS HERE IN THIS COUNTRY IT WILL TAKE A LONG TIME TO GET BACK ON IT’S FEET …..
so don’t waste your life dreaming about , you will understand that there is no such thing as american dream any more it is a mess, messs messssssssss….
so please move on ….
it is a mess here i am telling it from my experience ……
BROKEN ECONOMY , CORRUPTED BANKS, CORRUPTED POLITICIANS . BROKEN IMMIGRATION SYSTEM YOU WON’T BELIEVE THAT YOU WON’T SEE ANY WHERE IN THE FACE OF THIS EARTH ….SUCH A SENSELESS….. HOPELESS ….RULES .
I REALLY DON’T KNOW WHO MAKES THIS ….
GOOD LUCK .
I HAVE ONLY ONE THING TO SAY
DON’T TRUST ANY ONE
THE ONLY PERSON YOU CAN TRUST IS GOD … MAY GOD HELP YOU TO MAKE RIGHT DECISION AT RIGHT TIME .
Number 7
Volume XI
Washington, D.C.
VISA BULLETIN FOR APRIL 2009
Department of State Publication 9514
CA/VO: March 6, 2009
D. EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES
Employment Fourth Preference Certain Religious Workers:
Pursuant to Section 2(a) of the Special Immigrant Nonminister Religious Worker Program Act (Pub. L. 110-391), the nonminister special immigrant program expires on March 6, 2009.
Employment Fifth Preference Pilot Program Categories (I5, R5):
Pursuant to Section 144 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329), the immigrant investor pilot program expires on March 6, 2009.
The cut-off dates for the above categories are shown as “Unavailable” for April. Congress is considering an extension for each of these categories, but there is no certainty when such legislative action may occur. If legislation to extend either of these categories is enacted, the cut-off date for that category would immediately become “Current.”
@@@@@@@@ NO VISA @@@@@@@@ NO VISA @
E. RETROGRESSON OF THE WORLDWIDE, MEXICO, AND PHILIPPINES EMPLOYMENT THIRD PREFERENCE CUT-OFF DATES FOR APRIL
Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases remains extremely high. Therefore, it has been necessary to retrogress the April cut-off dates in an attempt to hold demand within the FY-2009 annual limit. Since over 60 percent of the Worldwide and Philippines Employment Third preference CIS demand received this year has been for applicants with priority dates prior to January 1, 2004, the cut-off date has been retrogressed to 01MAR03 to help ensure that the amount of future demand is significantly reduced. As indicated in the last sentence of Item A, paragraph 1, of this bulletin, this cut-off date will be applied immediately.
*********************************
WARNING WARNING WARNING
*********************************
KINDLY READ CAREFULLY AND PLS ACT NOW
*********************************
It should also be noted that further retrogression or “unavailability” at any time cannot be ruled out.
****************************
It has also been necessary to retrogress the Employment Third Preference Other Worker cut-off date for all countries in order to hold the issuance level within the annual limit.
F. VISA AVAILABILITY IN THE COMING MONTHS
During the past year, many preference categories have experienced steady and sometimes rapid cut-off date movement. Such action is normally followed by an increase in applicant demand. Heavy applicant demand for numbers in some categories could require cut-off date movements to slow, stop, or even retrogress at some point during the remainder of FY-2009, in order to hold visa use within the applicable annual numerical limits. Should such action occur, it would most likely be only temporary in nature, pending the start of the new fiscal year in October.
G. OBTAINING THE MONTHLY VISA BULLETIN
The Department of State’s Bureau of Consular Affairs offers the monthly “Visa Bulletin” on the INTERNET’S WORLDWIDE WEB. The INTERNET Web address to access the Bulletin is:
http://travel.state.gov/
From the home page, select the VISA section which contains the Visa Bulletin.
To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:
listserv@calist.state.gov
and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin Sally Doe)
To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the following E-mail address:
listserv@calist.state.gov
and in the message body type: Signoff Visa-Bulletin
The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (area code 202) 663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following month.
Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:
VISABULLETIN@STATE.GOV
(This address cannot be used to subscribe to the Visa Bulletin.)
THE ONLY LEGAL AND VALID INFORMATION
about visa availability
VISA BULLETIN – for APRIL 2009
retro to un available
NO further explanation
plain and simple
WHY MAKE PROMISES ? do you think it add more pain and suffering pls stop creating FALSE PROMISES.
A sinfull act to do this promises.
ONLY one legal remedy – LEGISLATION.
HOW A BILL BECOMES
A LAW ?
Anyone may draft a bill; however, only members of Congress can introduce legislation, and by doing so become the sponsor(s). There are four basic types of legislation: bills; joint resolutions; concurrent resolutions; and simple resolutions. The official legislative process begins when a bill or resolution is numbered, (H.R. signifies a House bill and S. a Senate bill), referred to a committee, and printed by the Government Printing Office.
The following are the steps of legislative procedure:
1. Referral Committee: With few exceptions, bills are referred to standing committees in the House or Senate according to carefully delineated rules of procedure.
2. Committee Action: When a bill reaches a committee it is placed on the committee’s calendar. A bill can be referred to a subcommittee or considered by the committee as a whole. It is at this point that a bill is examined carefully and its chances for passage are determined. If the committee does not act on a bill, it is the equivalent of killing it.
3. Subcommittee Review: Often, bills are referred to a subcommittee for study and hearings. Hearings provide the opportunity to put on the record the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation.
4. Mark Up: When the hearings are completed, the subcommittee may meet to “mark up” the bill, that is, make changes and amendments prior to recommending the bill to the full committee. If a subcommittee votes not to report legislation to the full committee, the bill dies.
5. Committee Action to Report a Bill: After receiving a subcommittee’s report on a bill, the full committee can conduct further study and hearings, or it can vote on the subcommittee’s recommendations and any proposed amendments. The full committee then votes on its recommendation to the House or Senate. This procedure is called “ordering a bill reported.”
6. Publication of a Written Report: After a committee votes to have a bill reported, the committee chairman instructs staff to prepare a written report on the bill. This report describes the intent and scope of the legislation, impact on existing laws and programs, position of the executive branch, and views of dissenting members of the committee.
7. Schedule Floor Action: After a bill is reported back to the chamber where it originated, it is placed in chronological order on the calendar.
8. Debate: When a bill reaches the floor of the House or Senate, there are rules and procedures governing the debate on legislation.
9. Voting: After the debate and the approval of any amendments, the bill is passed or defeated by the members voting.
10. Referral to Other Chamber: When a bill is passed by the House or Senate it is referred to the other chamber where it usually follows the same route through committee and floor action. This chamber may approve the bill as received, reject it, ignore it, or change it.
11. Conference Committee Action: If only minor changes are made to a bill by the other chamber, it is common for the legislation to go directly to the President for signature. However, when the actions of the other chamber significantly alter the bill, a conference committee is formed to reconcile the differences between the House and Senate versions. If the conferees are unable to reach agreement, the legislation dies. If agreement is reached, a conference report is prepared describing the committee members’ recommendations for changes. Both the House and Senate must approve the conference report.
12. Final Action: After a bill has been approved by both the House and Senate in identical form, it is sent to the President. If the President approves of the legislation, he signs it and it becomes law. Or, the President can take no action for ten days, while congress is in session, and it automatically becomes law. If the President opposes the bill he can veto it; or if he takes no action after the Congress has adjourned its second session, it is a “pocket veto” and the legislation dies.
13. Overriding a Veto: If the President vetoes a bill, Congress may attempt to “override the veto.” This requires a two thirds roll call vote of the members who are present in sufficient numbers for a quorum.
To dgd
can you please tell for how long a nurse can extend its HiB visa. can the spouse has any scope to work in usa. i am asking this because my agency has applied for my HiB visa. and i am reluctant to go on it as i am well settled here and like to go on green card only which doesnot seem possible now.
Kindly reply and advise.
thanks
Hi Raj
Could you please tell us your agency’s contact details?. I am very much interested in applying for H1B
Thank you for your help
to Raj
H1B is valid only for 3 years and can be extended for another three years. Spouse’s cannot work on H4.
to Siby
Only few hospitals process H1B. try google search.
I am sorry to say that Danilo is really annoying. HLG, please stop him/her from using this blog.
To Danilo,
This blog is for EB3 that hoping for a visa. If you want to apply to another country do it thats your decision. But please do not put your mind to us and dictate what to do. If you are not happy do not go on this blog and look for something else that makes you worthwhile.
hello raj, i don’t know much about H1B but I think snakerocks gave you a reliable answer. All I know is your spouse can’t work just like snakerocks said. Also, I am surprised that your agency got you H1B because what I know is that H1B are for PT’s, OT’s, MD’s and other skilled workers except RNs. I know there is H1C but it’s a useless visa because it doesn’t really say if your can apply for permanent residence after working in the US for some years and you get thrown to the most underserved areas of the US wherever that might be.
What i have now including some of my classmates from the Philippines is a work permit and it’s good till 2010 then we just renew it again online with USCIS and pay $340. So long as that card is renewable we can keep working and keep hoping our greencards will eventually come out soon. Good luck!
hi siby
Sorry to say, but my agency have picked only few of their own clients, who had 4 years of B Sc degree with experience in specialized field for atleast 2 years. they have almost stopped processing for new candidates….
To Dgd
H iB is only for those nurses who have experience in specilized field like dialysis or so… and have a 4 years of B sc degree…
To HLG,
Should we understand that when CIR fails(in may/june) then they(eg zoe lofgren) might consider piecemeal
legislation like ours(HR 5924)?
And that it may well be in sep/oct?
To Danilo
We thank you for spreading the news about your conviction. You didn’t lack on telling the people about the problem. You are really sweet. But please consider other people who are still in love of working to USA.Though they maybe so stubborn but they really live on their dream everyday.
You can always blame the USCIS and the Congress but once you are not a US citizen your voice will not be heard. You can ridicule us all and even spam hammond blog comments page but still you are in your present situation.
If you are really like that then don’t attempt to visit this site anymore. But the more you visit the more you love USA. Hehehe…
As a challenge if you want to go to other countries then go…
And don’t visit hammond blog anymore. If you can’t resist then you are really looking for US to open. So you are in love of USA too. LOL
Right guys?
very well said musico…
danilo, you are really a nuisance! go F–K yourself and leave this blog alone!
I did Post RN-BScN
Total 12+3+2 years of studies (including Nursing Diploma and Bachelors)
I have 5 years nursing experience
I am Nursing Instructor in a renowned Hospital’s School of Nursing and its Nursing Education Services
I cleared NCLEX-RN, IELTS, Got Visa Screen and Petition is also approved and with NVC
Simple Question… Am I eligible for H1 visa (not the schedule A type), but H1B regular which is open this week?
@naveed,
Best if you look for an agency or direct employer to analyze your qualifications or go directly to an immigration lawyer.
Either way, your qualifications need too be thoroughly reviewed first.
And you need to find someone willing to start the process for you, so even if you qualify everything still depends on you finding one to petition you under H1B.
Good luck.
http://foreign-nurse.lefora.com
Talk of Immigration
Reform Heats Up
April 01 – With the recession continuing to dominate the news, immigration advocates have been wondering if there is the political will and energy to also take on comprehensive reform in the near future.
Of course only time will tell but there are some encouraging signs.
It is expected that legislation calling for comprehensive immigration reform could be introduced to coincide with a planned White House Summit Meeting on immigration in May.
It is also anticipated that legislation identical to H.R. 5924 of 2008 will be introduced soon. H.R. 5924 probably had the greatest support of any potentially retrogression ending legislation introduced in 2008. The reintroduction of this legislation is also expected to have wide spread support among elected officials in Washington.
Earlier this year separate legislation was introduced to create a new non-immigrant visa category specifically for nurses. Referred to as the ‘W’ visa this proposal remains pending.
Last week, the Congressional Hispanic Caucus met with President Obama and left hopeful that he would tackle immigration reform this year.
source: visaretrogression.com
To naveed
Yes u r eligible only on your qualification basis..but unfortunately not eligible couse of your job profile…to qualify for Hib or any other nursing visa one must be in the field of rendering nursing care i. e. bed side nursing not nursing teacher or instructor…..my friend is M Sc nursing with her visa screen was denied H iB becouse of her job profile that use lecturer in nursing college
Dear fellow dreamer,
i love this democratic way of life.
we have the option , i hope our option will be for the best of our
family.
If we decide for the best of our family during retro , LORD OUR GOD will be happy , very happy.
if we just sit and relax for nothing . oh dear LORD GOD what will be the future of our love ones.
My comments and suggestion in this blog an eye opener to all.
i’ll been traveling many many places and nursing is the key to travel around the world
my relative/s who work abroad while waiting for his/her visa
EARNED enough and makes their family happy.
People who sit and wait for years
still nothing ZERO, and his kids were sent to drug rehabilation due to neglect.And the beautiful wife
abadon the lazy nurse.
find a man who knows his priorities.
A great ambitions and a strong will is the key for our dreams.
We can not earned just sitting and waiting.
God have mercy to all.
We are getting older and older everyday….I am wondering if I will be able to function as a NURSE in my sponsor’s hospital when my PD becomes current. I am anxiously waiting since 2005. My stress level keeps on increasing every time I read bad news about my PD. I am just hoping that I am still alive and capable to serve the American people by the time I got myself step on the American soil? My kids are getting bigger so my responsibilities towards them is also increasing. How much longer we can keep our fingers crossed? Maybe, some people are just enjoying torturing us mentally.
MEDPRO is offering H1B visa for nurses specializing in hemodialysis and icu only..please contact M3 MEDICAL MANAGEMENT for more details. M3 is located in makati city. please try to look at the search engine to search for M3 contact number………..thanks.