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E&M
Visa Update for January 24, 2003
Volume
Three, Number One
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Healthcare
INS Makes a Pro-Nursing Policy Shift with Decision
to Approve I-140s for Certain NCLEX Passers - Without Social Security
Numbers
VisaScreen
Requirement for RN H-1Bs Imminent; INS Clarifies H-1B Availability
for RNs; Immediate Petition Filing and Premium Processing Recommended
for All Planned RN H-1Bs
CGFNS
Case Introduces Automated Voice Response System
Department Of Health and Human Services Launches New J Waiver Program
for Physicians
Security
Special Registration: Groups 1 and 2 Allowed to Register
Late; Group 3 Underway, New Group 4
Australian
Woman Who Overstays Visa Waiver Program Jailed Upon Re-Entry at
Mexican Border
INS
Requires Detailed Passenger Lists for Flight Arrivals and Departures
Status
Updates
February Visa Bulletin: Employment Numbers Current;
Some Family Categories Advance
All
INS Service Centers Update Processing Time Reports
E&M
It's a Boy! - Fabienne Chatain Gives Birth to
a Son
INS Makes a Pro-Nursing Policy Shift with Decision
to Approve I-140s for Certain NCLEX Passers - Without Social Security
Numbers
The I-140, Immigrant Petition for Alien Worker, can only be filed
for a nurse if she has either: a CGFNS certificate OR licensure
in the state of intended employment.
An
I-140 for a nurse can now be approved if the state of intended employment
confirms passage of the NCLEX-RN exam and eligibility for a license
in that state except for a valid Social Security number. The change
in INS policy overcomes the problem (acute in California) with the
nurses' inability to receive a license because a Social Security
number could not be obtained.
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VisaScreen
Requirement for RN H-1Bs Imminent; INS Clarifies H-1B Availability
for RNs; Immediate Petition Filing and Premium Processing Recommended
for All Planned RN H-1Bs
On October 11, 2002, the INS issued proposed regulations requiring
VisaScreen certification for H-1B petitions filed on behalf
of registered nurses. The exact date for finalization of the new
regulations is unknown, yet imminent. At the same time, a recent
INS headquarters memo has clarified the limited number of RN positions
that are H-1B eligible. Employers wishing to petition for H-1B visas
for RNs should do so immediately and pay the extra $1,000 fee for
premium processing, so that employers can obtain H-1B visas for
such nurses within 2 weeks.
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CGFNS
Case Introduces Automated Voice Response System
The Commission on Graduates of Foreign Nursing Schools (CGFNS) has
introduced a new Automated Voice Response System to allow applicants
to check their status. To access the system, international callers
dial 001-215-599-6200. In the US, call 1-215-599-6200.
Applicants
will need to enter their CGFNS ID Number and birth date in order
to access the system. The system provides callers with information
on their Certification Program (for the current exam only), Credentials
Evaluation Service or VisaScreen application, including the date
the application was received and the current status of the file;
Provides the name and number of the Exam Center (for CP Program)
and whether or not the permit has been mailed out (if your application
has been approved); Provides information regarding the results for
the previous Qualifying Exam (for the CP Program); Tells applicants
when CGFNS expects to mail them out and whether or not results are
being held for any reason (payment, missing documents, etc.); Actual
results will not be available due to security concerns; Allows you
to check the spelling of your name and address in the CGFNS database;
Allows you to check if CGFNS has received your TOEFL score, and
if CGFNS has not, it allows applicants to input TOEFL appointment
number (CGFNS cannot accept scores from the applicant). There is
no word yet as to when CGFNS will follow the INS and allow for web-based
status checking.
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Department
Of Health and Human Services Launches New J Waiver Program for Physicians
The US Department of Health and Human Services (HHS) has announced
that it will begin to sponsor primary care physicians that agree
to work in health care shortage areas. The program is largely designed
to replace the US Department of Agriculture's national waiver program
that closed in February 2002.
The
HHS program is very similar to the USDA program. However, it largely
limits the program to primary care physicians. While there is no
limit on the numbers of waivers, the agency does note that it may
determine the appropriate numbers and geographic areas for waivers.
Also, HHS will generally not issue a waiver if waivers are still
available under a state Conrad program.
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Special
Registration: Groups 1 and 2 Allowed to Register Late; Group 3 Underway,
New Group 4
Special Registration is part of the National Security Entry-Exit
Registration System (NSEERS). NSEERS is component of the INS' efforts
to implement a comprehensive entry-exit program by 2005. The registration
process requires the visitor to go to their local INS office and
speak with an INS officer about their stay and activities in the
US, provide fingerprints, and have their photo taken. The list of
designated INS offices is available at www.ins.usdoj.gov.
Groups
1 and 2 Allowed to Register Late
On January 16, the INS announced that persons in Group 1 subject
to the December 16 deadline and persons in Group 2 subject to the
January 10 deadline would have an additional window of opportunity
to register from January 27 to February 7, 2003. (Group 1 includes
Iran, Iraq, Libya, Sudan or Syria; Group 2 includes Afghanistan,
Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman,
Qatar, Somalia, Tunisia, the United Arab Emirates, or Yemen.)
Group
3 Registration Period: January 13 - February 21, 2003
Non-immigrant males who are 16 years or older that are citizens
or nationals of Pakistan or Saudi Arabia, who were present in the
US as non-immigrants before September 30, 2002 and who plan to stay
in the US until at least February 21, 2003, must register with their
local INS office between January 13 and February 21, 2003.
New
Group 4
Non-immigrant males who are 16 years or older that are citizens
or nationals of Bangladesh, Egypt, Indonesia, Kuwait, and Jordan
who were present in the US as non-immigrants before September 30,
2002 must register with their local INS office between February
24 and March 28, 2003.
Special Registration does NOT apply to
· US citizens
· Lawful permanent residents (green card holders)
· Refugees
· Asylum applicants and asylum grantees
· Diplomats or others admitted under "A" or "G"
visas
Non-immigrants covered by this new rule will be required to re-register
annually. Those who fail to register will be entered into the NCIC
(National Crime Information Center) database and will be subject
to arrest and deportation upon detection by federal, state or local
law enforcement.
E&M
clients that have questions or concerns about Special Registration
are advised to contact their E&M attorney.
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Australian Woman Who Overstays Visa Waiver Program
Jailed Upon Re-Entry at Mexican Border
Earlier this month, twenty-year-old Megan Stapleton, an Australian
national, was jailed in Texas for almost two weeks for breaching
US immigration regulations. Stapleton, who had been on vacation
in the US, was arrested after returning to the US via Mexico.
Ms.
Stapleton stayed in the US two days beyond the expiration of her
original 90-day waiver status. It is likely that someone advised
her to slip over to Mexico, and then seek re-entry again under the
Visa Waiver Program, a practice prohibited by law. Visa Waiver Program
users should be very careful to abide by the terms of the program,
and to avoid multiple 90-day stays separated by brief foreign travel.
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INS
Requires Detailed Passenger Lists for Flight Arrivals and Departures
On January 1, 2003, the INS began requiring all commercial carriers
to submit detailed passenger data electronically before an aircraft
arrives in or departs from the US (sea vessels are also included).
The new requirement is a component of the INS effort to implement
a comprehensive entry-exit program by 2005.
Most
airlines were already reporting in-bound passenger manifests as
part of the Advanced Passenger information System (APIS). Port of
entries (POEs) would then check all passengers before arrival. Now
departure info is being reported electronically too. Passengers
who do not present their I-94 to the airline may be refused boarding.
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February
Visa Bulletin: Employment Numbers Current; Some Family Categories
Advance
For each fiscal year since the passage of Immigration Act of 1990,
approximately 366,000 visa numbers have been available and subject
to the control of the Department of State Visa Office's Immigrant
Visa Control Division, including approximately 140,000 employment-based
visas and 226,000 family visas. In addition to the overall worldwide
numerical limit, there are also per-country limits, which average
around 26,000 per country annually. For the February 2003 Visa Bulletin,
all of the employment-based categories remained current. Some of
the family-based categories advanced as much as 5 weeks.
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All
INS Service Centers Update Processing Time Reports
The Texas Service Center Processing Time Report was updated on January
23 for the period ending January 15.
The
Vermont Service Center Processing Time Report was updated on January
21 for the period ending January 15.
The
Nebraska Service Center Processing Time Report was updated on January
16 for the period ending January 1.
The
California Service Center Processing Time Report was updated on
January 14 for the period ended January 1
To
view and print out the most recent INS service center processing
time reports, please visit http://www.emvisa.com/svcctrprocesstimes.htm
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It's
a Boy! - Fabienne Chatain Gives Birth to a Son
Fabienne Chatain, an associate in the Washington office currently
on maternity leave, gave birth to a boy, Michel, on January 6. Mother
and son are doing well. Congratulations to Fabienne on her first-born!
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Thank you for taking the time to read this E&M Visa Update.
Elliot & Mayock LLP
Immigration and Nationality Law
1-866-321-VISA(8472) toll free
emvisa.com
"visas made easier"
1629 K Street NW, 12th Floor
Washington, DC 20006-1643
(202) 429-1725
Fax: (202) 452-0161
infodc@emvisa.com
220 Sansome Street, 12th Floor
San Francisco, CA 94104-2327
(415) 765-5111
Fax: (415) 765-5122
infosf@emvisa.com
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