August 2007

In June 2007, following several months of uncertainty and hold-ups, the DOS (Department of State) announced in the July Visa Bulletin that all of the retrogression dates were suddenly current because the number of visa applicants was substantially lower than the annual limit of 140,000 employment based visas for the current fiscal year Oct. 1, 2006 - Sept. 30, 2007. It was generally assumed that many of those with pending cases waiting for a visa number would be able to conclude their cases, and that new AOS (Adjustment of Status) cases for those already in the U.S. could be filed and processed. Petitions for applicants outside the U.S. could continue to be filed as normal (but could not be concluded until a visa number is available).

It was expected the supply of visas would probably run out by October 2007 by which time a new allocation of 140,000 visas would be available for the 2007-2008 fiscal year and everything would keep moving along. (The USCIS fiscal year is from Oct. 1 - Sep. 30.)

However, in early July the DOS announced that a massive 60,000 visas were approved in June 2007 and no more visa numbers were available for the current fiscal year. Anyone not approved in the 60,000 would have to wait for the new fiscal year before a visa number would be available.

Later in July the DOS updated that visa availability would be current through the end of July, allowing adjustment of status petitions (for those already in the U.S.) to be filed until August 17.

Final Green Card approval still depends on where applicants are in the pipeline, how many cases are backlogged before yours and how long it will take to process petitions.

Overseas Consular Processing cases will proceed for some depending on visa availability and others will have to wait until the new fiscal year begins in October, provided that the October Visa Bulletin shows a priority date earlier than one's priority date (the date the case was accepted for filing). Anyone who has received a Visa Appointment date is likely to get their visa stamp but may not know for certain until their interview appointment. The appointment could be revoked; but if notified of an appointment, theoretically the DOS probably has already accounted for those appointments. Therefore our attorneys strongly urge applicants to attend their appointments.

This continues to be a changing and unpredictable situation. There is substantial pressure in Washington to correct this nonsense of delays and hold-ups so that employers and visa applicants can get on with their businesses and their lives. International nurses have supplemented the U.S. nursing work force for decades and between our ever-present U.S. nursing shortage and massive nursing retirements in coming years - there is no question that visas will always be available. The problems relate to processing times, availability of visa numbers - and politics!

We hope you will stay the course and not be deterred from the Green Card process whether already in the U.S. or coming from outside the country to live and work here. But for applicants outside the U.S. we also
advise that no relocation plans should be made until a visa has been stamped in your passport and then you'll have six months to enter the U.S.

A coalition of healthcare employers is actively lobbying and pursuing legislation that will target special status for Registered Nurses and we will keep you informed of any progress in this regard.