E&M Visa Update for June 6, 2003

Volume Three, Number Six

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Visa Spotlight: State Department Orders Increase in In-Person Visa Interviews; Backlogs Expected Worldwide

CGFNS Postpones Opening Its Beijing Exam Center Due to Concerns Over SARS; CGFNS to Establish a Test Center in Delhi

Unemployed Workers Organize to Promote Legislation Prohibiting L-1 Visa Outsourcing Introduced

BCIS New 800 Number Effectively Ends Telephone Customer Service June 9

Mayock Chairs Nurse Recruitment and Retention Conference in SF

All Service Centers Update Processing Time Reports

Visa Spotlight: State Department Orders Increase in In-Person Visa Interviews; Backlogs Expected Worldwide
On May 21, the State Department ordered foreign service officers in many nations around the world to start holding in-person interviews with millions of visa applicants who previously were not required to do so. The new requirement is sure to increase backlogs by many months.

Nearly 5.8 million business and tourist visas were issued in fiscal year 2002. It is predicted that currently as few as 20 percent of all visa applicants are required to submit themselves to in-person interviews.

The heightened scrutiny will be applied to about 90 percent of the applicants from countries in the Middle East, Asia and Latin America, with general exceptions for diplomats and those 16 and younger or 60 and older. US consulates have until August 1 to implement the new regulations. The change is the next step in preparing for the eventual fingerprinting of all visa applicants.

The danger is that delays in obtaining visas will discourage foreign nationals from visiting the US and contribute to further weakening the already struggling US economy. At many consulates, applicants already must wait three months or more for visa issuance. The new policy announcement included a warning that the additional interviews must be handled using existing resources and without offering overtime hours to employees.

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CGFNS Postpones Opening Its Beijing Exam Center Over SARS; CGFNS to Establish a Test Center in Delhi
On May 2, the Commission on Graduates of Foreign Nursing Schools (CGFNS) announced that it has decided to postpone the opening of its Beijing exam center due to concerns over the SARS (Severe Acute Respiratory Syndrome) situation in China. The opening of the Beijing test site will be rescheduled from July to November.

On May 12, CGFNS announced that it is establishing a test center in Delhi, India. This center will be in addition to the current test centers in India, located in Bangalore and Cochin. The first Qualifying Exam to be administered in Delhi will be the November 12 exam.

CGFNS administers its qualifying exam three times each year for nurses educated outside the United States who wish to practice nursing in the US. The exams are offered at over 40 locations worldwide in March, July and November.

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Unemployed Workers Organize to Promote Legislation Prohibiting L-1 Visa Outsourcing Introduced
Tech workers opposed to the hiring of foreign nationals for technology jobs are getting attention on Capitol Hill. Rep. John Mica (R-FL) has introduced a bill that would ban the transfer of an L-1 visa holder to a third-party company. Mica claims the spirit of law was to allow multinational companies with US holdings to transfer workers to the US temporarily. He says the L-1 visa is being used to import foreign workers to serve as cheap, alternative labor. At the same time, lawmakers are nervous that too many restrictions regarding the hiring of foreign workers will accelerate the use of outsourcing abroad. In late May, Hewlett-Packard announced that it would continue to cut US jobs while adding additional workers at its Indian subsidiary. There are currently more than 325,000 L-1 visa holders in the US.

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BCIS New 800 Number Effectively Ends Telephone Customer Service June 9
Until recently, telephone information officers have been available at the BCIS service centers in Vermont, Nebraska, Texas and California. While it is often difficult to get through to an officer, sometimes taking hours, it has been a means to solve problem visa petitions. Under the new system, customers call an 800 number and speak with an officer that has no information on any cases. The officer will forward the information to the service center handling the case and the customer will receive a written response. Considering the past track record of the BCIS, it is safe to predict that callers will never receive a timely response.

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Mayock Chairs Nurse Recruitment and Retention Conference in SF
Recruiting and Retaining Registered Nurses, a two-day conference held in San Francisco June 4 and 5, addressed the acute nursing shortage in the US. The conference, sponsored by ACI (Active Communications International) of Chicago, featured programs on the most important nurse recruitment and retention issues and developments.

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All Service Centers Update Processing Time Reports
The Vermont Service Center Processing Time Report was updated on June 2 for the period ending June 1.

The Texas Service Center Processing Time Report was updated on May 22 for the period ending May 15.

The California Service Center Processing Time Report was updated on May 21 for the period ending May 15.

The Nebraska Service Center Processing Time Report was updated on May 19 for the period ending May 15.

To view and print out the most recent INS service center processing time reports, please visit http://www.emvisa.com/bcisreports.htm.

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Thank you for taking the time to read this E&M Visa Update.  

Elliot & Mayock LLP

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