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E&M Visa Update for August 12, 2003 Volume
Three, Number Eight sign
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US Lawmakers Charge L Visa Program Abuses; Propose Restrictions Free Trade Agreements with Chile and Singapore Highlight Shrinking H-1B Availability Service
Centers Update Processing Time Reports
Although
enacted in 1996, this rule previously was applied only to individuals
seeking permanent residence (the “green card”). A blanket
waiver has been in effect for non-immigrant health care workers.
The new rule continues to allow a waiver of the Health Care Certificate
requirement for any health care worker who is admitted to the US
on a non-immigrant visa basis, but only up until July 26, 2004.
After that date, any health care worker seeking to enter the US
or applying for a change of status or extension of status, must
present a Health Care Certificate. Because of the increased demand
for Health Care Certificates, there may be a delay in obtaining
the certificates. For this reason, E&M recommends that all non-immigrant
health care workers currently in the US apply for Health Care Certificates
as early as possible. The new certification requirement for non-immigrant health care workers may prolong the time it takes for a facility to receive work authorization for a temporary worker. Currently, only three organizations have been granted authorization to issue Health Care Certificates: the Commission on Graduates of Foreign Nursing Schools (CGFNS); the National Board for Certification in Occupational Therapy (NBCOT); and the Foreign Credentialing Commission on Physical Therapists (FCCPT). The final rule establishes procedures for additional organizations to obtain authorization to issue Health Care Certificates. The final rule also provides for a streamlined process for foreign healthcare workers educated in the US, and for those educated in certain English-speaking countries, including Canada.
US
Lawmakers Charge L Visa Abuses; Propose Restrictions Proposed
changes that Congress is now considering include:
Free
Trade Agreements with Chile and Singapore Highlight Shrinking H-1B
Availability
Mayock
to Present Breakfast Seminar on International RN Recruitment at
National Healthcare Conference in Denver, August 19 E&M invites ASHHRA attendees and healthcare HR professionals in the Denver area to join Mr. Mayock for a complimentary breakfast buffet to learn more about international RN recruiting. Participants will learn: how to hire and retain foreign nurses that are already in the U.S. and have them working in 90 days; how international nurses can arrive from abroad in 9 – 12 months; and the three key questions to ask international nurse recruiters. The breakfast seminar will be held one floor above the hub of ASHHRA events in Director's Row E Room, on the Lobby Level of the Plaza Building in the Adam's Mark Hotel, 1550 Court Place (at 15th Street) on Tuesday, August 19 from 7 - 7:45 am. Please RSVP via email or by calling toll free 1-866-321-VISA (8472).
Service
Centers Update Processing Time Reports To view and print out the most recent INS service center processing time reports, please visit http://www.emvisa.com/bcisreports.htm
September
2003 Visa Bulletin Update India Family - 4th Preference: Continued heavy applicant demand for numbers has required the retrogression of the India Family Fourth preference cut-off date for September. This action was necessary to hold issuances within the annual numerical limit. The India Family Fourth preference cut-off date can be expected to advance for October, which is the start of the new fiscal year. Visas for Religious Workers: The provisions in the Immigration and Nationality Act for visa issuance to Certain Religious Workers (SR) expire on September 30, 2003. Applicants who qualify for SR status must either adjust status or immigrate on or before September 30, 2003. This includes any accompanying spouses and children of such religious workers. On or after October 1, 2003, qualifying religious workers cannot immigrate under the current provision. (The special immigrant classification for Ministers of Religion is permanent, however, and will not be affected by the expiration of the provisions for other religious workers.) Congress is considering an extension of the “SR” visa category, but there is no certainty when legislative action may occur. If this proposed legislation becomes law, readers will be notified in an upcoming E&M Visa Update. Click here to view the September 2003 Visa Bulletin.
Thank you for taking the time to read this E&M Visa Update.
Elliot & Mayock LLP Immigration Attorneys
"visas made easier"
1629 K Street NW, 12th Floor Washington, DC 20006-1643 (202) 429-1725 Fax: (202) 452-0161
220 Sansome Street, 12th Floor San Francisco, CA 94104-2327 (415) 765-5111 Fax: (415) 765-5122
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© 2003 Elliot & Mayock LLP