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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