Expedited Processing for RNs Recommended by Ombudsman

Last December 5, the Ombudsman of the U.S. Citizenship and Immigration Services (USCIS) issued its recommendation on ways to improve the processing of visas for Registered Nurses (RN).

But it did not address the issue of visa retrogression which has delayed the recruitment of thousands of foreign nurses, mostly from the Philippines.

In its background report, the Ombudsman affirmed the worsening of the nursing shortage. It cited a 2007 study made by the U.S. Department of Health and Human Services, which projected that the U.S. will need 1.2 million RNs by 2014.

The Ombudsman said that the immigration process should be expedited to address the critical shortage. He recommended that the RN applications be separated and prioritized and be processed by just one service center.

At present, there are two service centers that adjudicate RN applications. Because of the lack of regular communication between these two service centers, there have been inconsistencies in the number of USCIS requests for evidence and the processing time has become longer. The adjudication time for an I-140 petition is now more than one year in both centers.

The Ombudsman said that designating just one center to process the application would result in a more efficient, uniform and faster adjudication.

The recommendation will certainly go a long way in shortening the processing of RN visa applications but it will not lift the current retrogression of visa numbers.

RNs are categorized under the employment-based third preference. The December 2008 visa bulletin shows a backlog of three and one-half years for the Philippines. The backlog for India and China is even worse.

As the Ombudsman report pointed out, visa availability is the principal cause for the delay in the recruitment of foreign nurses. This issue can be addressed only by the U.S. Congress.

H.R. 5924, otherwise known as the Emergency Nurse Supply Relief Act, is intended to address visa retrogression. It was introduced in the House on April 29, 2008 by Rep. Wexler and Rep. Sensenbrenner. It has bipartisan support and it was approved by the House Judiciary Subcommittee on Immigration last August 7.

Under the proposed law, 20,000 visa numbers will be given to registered nurses and physical therapists every year through September 30, 2011. Their immediate family members will also be allowed to immigrate without being subject to quota limitation.

The USCIS will be required to review and act on the immigrant visa (I-140) petition within 30 days from filing. After approval of the I-140 petition, the file will be transferred to the National Visa Center (NVC) which would then request the submission of the biographic data of the alien and other documents. The last step is the immigration interview to be conducted at a U.S. embassy.

If the alien is in the U.S., he/she may file an adjustment of status. The proposed bill requires a fee of $1,500.00 for each petitioned nurse to fund future nurse training and development in health professional shortage areas.

Immigrant advocates remain hopeful that this proposed bill will pass and that the Obama administration will usher in a more vigorous and effective response to the nursing shortage crisis.