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  • waitingnwaiting
    05-31 08:23 AM
    Mr. SENSENBRENNER (for himself and Mr. POLIS) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

    A BILL

    To provide relief for the shortage of nurses in the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Emergency Nursing Supply Relief Act’.

    SEC. 2. NURSING SHORTAGE RELIEF.

    (a) Increasing Visa Numbers- Section 106 of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended by adding at the end the following:

    ‘(e) Visa Shortage Relief for Nurses-

    ‘(1) IN GENERAL- Subject to paragraph (2), for petitions filed any time prior to September 30, 2014, for employment-based immigrants (and their family members accompanying or following to join under section 203(d) of the Immigration and Nationality Act (8 U.S.C. 1153(d))), which are or have been approved based on Schedule A, Group I as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor, the numerical limitations set forth in sections 201(d) and 202(a) of such Act (8 U.S.C. 1151(d) and 1152(a)) shall not apply.

    ‘(2) LIMITATION ON NUMBER OF VISAS- The Secretary of State may not issue more than 20,000 immigrant visa numbers in any one fiscal year (plus any available visa numbers under this paragraph not used during the preceding fiscal year) to principal beneficiaries of petitions pursuant to paragraph (1).

    ‘(3) EXPEDITED REVIEW- The Secretary of Homeland Security shall provide a process for reviewing and acting upon petitions with respect to immigrants described in paragraph (1) not later than 30 days after the date on which a completed petition has been filed.

    ‘(f) Fee for Use of Visas Under Subsection (a)-

    ‘(1) IN GENERAL- The Secretary of Homeland Security shall impose a fee upon each petitioning employer who uses a visa provided under subsection (e) to provide employment for an alien as a professional nurse, except that--

    ‘(A) such fee shall be in the amount of $1,500 for each such alien nurse (but not for dependents accompanying or following to join who are not professional nurses); and

    ‘(B) no fee shall be imposed for the use of such visas if the employer demonstrates to the Secretary that--

    ‘(i) the employer is a health care facility that is located in a county or parish that received individual and public assistance pursuant to Major Disaster Declaration number 1603 or 1607; or

    ‘(ii) the employer is a health care facility that has been designated as a Health Professional Shortage Area facility by the Secretary of Health and Human Services as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e).

    ‘(2) FEE COLLECTION- A fee imposed by the Secretary of Homeland Security pursuant to paragraph (1) shall be collected by the Secretary as a condition of approval of an application for adjustment of status by the beneficiary of a petition or by the Secretary of State as a condition of issuance of a visa to such beneficiary.’.

    (b) Capitation Grants To Increase the Number of Nursing Faculty and Students; Domestic Nursing Enhancement Account- Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.) is amended by adding at the end the following:

    ‘SEC. 832. CAPITATION GRANTS.

    ‘(a) In General- For the purpose described in subsection (b), the Secretary, acting through the Health Resources and Services Administration, shall award a grant each fiscal year in an amount determined in accordance with subsection (c) to each eligible school of nursing that submits an application in accordance with this section.

    ‘(b) Purpose- A funding agreement for a grant under this section is that the eligible school of nursing involved will expend the grant to increase the number of nursing faculty and students at the school, including by hiring new faculty, retaining current faculty, purchasing educational equipment and audiovisual laboratories, enhancing clinical laboratories, repairing and expanding infrastructure, or recruiting students.

    ‘(c) Grant Computation-

    ‘(1) AMOUNT PER STUDENT- Subject to paragraph (2), the amount of a grant to an eligible school of nursing under this section for a fiscal year shall be the total of the following:

    ‘(A) $1,800 for each full-time or part-time student who is enrolled at the school in a graduate program in nursing that--

    ‘(i) leads to a master’s degree, a doctoral degree, or an equivalent degree; and

    ‘(ii) prepares individuals to serve as faculty through additional course work in education and ensuring competency in an advanced practice area.

    ‘(B) $1,405 for each full-time or part-time student who--

    ‘(i) is enrolled at the school in a program in nursing leading to a bachelor of science degree, a bachelor of nursing degree, a graduate degree in nursing if such program does not meet the requirements of subparagraph (A), or an equivalent degree; and

    ‘(ii) has not more than 3 years of academic credits remaining in the program.

    ‘(C) $966 for each full-time or part-time student who is enrolled at the school in a program in nursing leading to an associate degree in nursing or an equivalent degree.

    ‘(2) LIMITATION- In calculating the amount of a grant to a school under paragraph (1), the Secretary may not make a payment with respect to a particular student--

    ‘(A) for more than 2 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program in nursing leading to a master’s degree or an equivalent degree;

    ‘(B) for more than 4 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program in nursing leading to a doctoral degree or an equivalent degree;

    ‘(C) for more than 3 fiscal years in the case of a student described in paragraph (1)(B); or

    ‘(D) for more than 2 fiscal years in the case of a student described in paragraph (1)(C).

    ‘(d) Eligibility- In this section, the term ‘eligible school of nursing’ means a school of nursing that--

    ‘(1) is accredited by a nursing accrediting agency recognized by the Secretary of Education;

    ‘(2) has a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent for each of the 3 academic years preceding submission of the grant application; and

    ‘(3) has a graduation rate (based on the number of students in a class who graduate relative to, for a baccalaureate program, the number of students who were enrolled in the class at the beginning of junior year or, for an associate degree program, the number of students who were enrolled in the class at the end of the first year) of not less than 80 percent for each of the 3 academic years preceding submission of the grant application.

    ‘(e) Requirements- The Secretary may award a grant under this section to an eligible school of nursing only if the school gives assurances satisfactory to the Secretary that, for each academic year for which the grant is awarded, the school will comply with the following:

    ‘(1) The school will maintain a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent.

    ‘(2) The school will maintain a graduation rate (as described in subsection (d)(3)) of not less than 80 percent.

    ‘(3)(A) Subject to subparagraphs (B) and (C), the first-year enrollment of full-time nursing students in the school will exceed such enrollment for the preceding academic year by 5 percent or 5 students, whichever is greater.

    ‘(B) Subparagraph (A) shall not apply to the first academic year for which a school receives a grant under this section.

    ‘(C) With respect to any academic year, the Secretary may waive application of subparagraph (A) if--

    ‘(i) the physical facilities at the school involved limit the school from enrolling additional students; or

    ‘(ii) the school has increased enrollment in the school (as described in subparagraph (A)) for each of the 2 preceding academic years.

    ‘(4) Not later than 1 year after receiving a grant under this section, the school will formulate and implement a plan to accomplish at least 2 of the following:

    ‘(A) Establishing or significantly expanding an accelerated baccalaureate degree nursing program designed to graduate new nurses in 12 to 18 months.

    ‘(B) Establishing cooperative intradisciplinary education among schools of nursing with a view toward shared use of technological resources, including information technology.





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  • sriramkalyan
    05-29 09:10 AM
    Since USA home land Security depends on Legal immigrants bondage and slavery .. ..I mean fees they pay to stay in this country .. Amendment to File I-485 with out Visa being Current should pass easily. That way EAD reneavals will keep USA Govt running ..





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  • maximus777
    07-02 12:09 AM
    These ppl are talking about giving amnesty to ILLEGALS...let me repeat it.. amnesty=award for being ILLEGAL. They have done that before and all of a sudden we F'KIN LEGAL TEMP WORKERS from India/China have to worry about the LEGAL aspect of filing a law-suit.

    Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.

    Very well put - could not agree with you more.





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  • sha_kus
    08-10 10:45 PM
    Holy Cow...:confused:



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  • franklin
    08-22 07:38 PM
    Thanks for your reply. Everybody else is just teasing and making fun instead of answering a simple question.

    (1) Are these steps taken in a sequence?
    (2) Does USCIS update the status of our file so that we know where we are i.e whether our file is stuck FBI Name check or FBI Fingerprint Check, etc..

    I didn't think my answers were making fun or teasing anyone - sorry if you felt that way, I didn't mean them to be interpreted like that.

    The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.

    To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000


    To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.

    Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)





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  • Green_Always
    03-15 11:28 PM
    BTW, what did you steal?

    Sorry. Had to ask. I am getting all curious. :o


    :-)

    In this country I dont know what is serious and what is light situations.



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  • njdude26
    07-21 02:51 PM
    Police certificate. All I did was to go to the Consulate in NY and get a police certificate. it was a one day job.can we at least get the facts please before the naysayers votes us down?

    I had a question.

    It says u need a police certificate for the application:

    do u request it before or after the application has been submitted?

    also

    do u need one from every place u have lived in since u were 18?

    does it apply for ur spouse?

    how can i get a certificate from india and dxb





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  • kondur_007
    09-22 05:35 PM
    LOA...means I am still employed without benefits ...at my old company.
    what you said makes sense..this is how I am looking at it

    -join new company
    -donot send in ac 21 paperwork
    -if i have rfe send in paperwork from present employer which will only be a generic letter----(i don't know how much detail uscis likes)
    -the reason i want to do LOA is that this way i will be sure they will not revoke i -140
    -what do the gurus feel ?


    BTW--gave u green --thanks for the reply

    I think your plan may work out just fine. I would make a couple of suggestions:

    1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.

    2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).

    3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.

    4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).

    5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
    --If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
    --If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".

    PM me if you have questions about what I said above, and I will be happy to talk to you.

    Good Luck.



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  • GCNirvana007
    08-24 04:05 PM
    yes, our lawyer send a letter.

    You have been current so many times - did you ever take an infopass, talk to congressman, ombudsman, senator, calling USCIS etc. Did you do any of those?. Whats your I-485 receipt date?





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  • wahwah
    09-14 04:35 PM
    here's my explanation why i think retrogression will get worse -

    1) USCIS still has not entered all the july and aug. filers. USCIS will have a good idea by Oct or Nov. how many applications are in the pipeline, how many they can approve and what the PD cut off date needs to be?

    2) with the number of applications that were filed this it is obvious that ROW will see retrogression in both EB2 and EB3 categories.


    And, would you mind explaining why would ROW get affected? If they were current all along, all the ROW candidates must have already filed, even before july fiasco, right? So, just exactly how do they get affected?

    Sorry for the outburst, but I sometimes get tired of people just throwing out speculations :eek: as if they are stating facts. So, back up your statement with logic.



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  • prem_goel
    08-02 04:04 PM
    well there will always be certain exceptions everywhere....Michael Aytes did mention it publicly when he testified before congress in his document below

    http://www.uscis.gov/files/article/I...as_30Apr08.pdf

    he does mention that all these applications will be pre-adjudicated just short of visa number. So officially in my opinion they will not go back to these applications unless there is an exceptional condition which makes them do it. I can safely say that broadly it's not gonna happen.





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  • GCVictim
    08-18 11:45 AM
    I applied on June/25/2008 (Efilling) for me and spouse. My receipt date was on June/26/2008 for both EAD and AP. Still waiting for approval.

    Mine NSC. Don't know when it will be approved,

    Does anyone know, NSC working on EAD , AP and 485?
    Please share your info.



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  • gc28262
    07-02 04:01 PM
    So that we get enough attention... I wrote one awhile back, still no luck.

    Instead of writing individual letters, we should approach through appropriate channels like some lawyers, AILA etc. Not sure though.





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  • arunkotte
    07-19 09:54 AM
    EB2/USPS delivered on 02-Jul-07 @11:45 AM



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  • rameshavula
    05-12 09:38 AM
    http://www.suntimes.com/output/news/immig12.html

    Its a good sign.....

    Ramesh





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  • pansworld
    12-11 10:41 PM
    I would support a day of fasting as a mark of protest to draw attention towards the broken immigration system.



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  • xlr8r
    05-14 04:39 PM
    You've hit the nail right on the head, buddy!

    4) Be positive in your attitude, improve your communication skills and dont act servile.
    5) Most desis are hard working and responsible people - nothing should hold them back - not certainly the need for an image makeover.

    All fellow desis take care and enjoy your life here - life is too short to be depressed about the green card everyday. Most important thing is you stay happy everyday - here or in India.





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  • saketkapur
    01-14 12:57 PM
    As per Ron Gotcher more bills are going to be introduced and then they will try to consolidate them into one. He has his response at the following link:

    http://immigration-information.com/forums/showthread.php?t=7013


    Re: Hr 264

    --------------------------------------------------------------------------------

    This is one of three expected bills introduced in the House. The sponsor of this bill (there were no co-sponsors) is Sheila Jackson-Lee. She is a fringe player. Next Tuesday, Luis Gutierrez, the chairman of the Congressional Hispanic Caucus, plans to introduce his version of CIR. It will most likely concentrate on amnesty.

    At some point in the future, we can expect a bill from Zoe Lofgren. The Lofgren bill will be the one that will have bi-partisan supporters and will be taken seriously. That will be the "real" CIR proposal in the House.



    If I had to bet on it, my bet would be that if anything at all passes, it will be visa recapture, quota expansion, and H1b relief. There is a strong core of support for those measures. The weakest component of CIR is amnesty.





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  • Caliber
    03-19 03:05 PM
    Instead of finding his faults, wouldn't it be easier to show some empathy to the point he is raising?

    IV has to do something specifically for EB3 I soon or else we'll lose the confidence of a lot of supporters. 2001...are you kidding me?

    We could not even pool $10K for FOIA. For lobbying, one needs lots and lots of money in the range of 100K -200K. What can IV do? Can you explain what you mean by "something'? if all of us EB3's can pool 100K, then we can request IV to do "SOMETHING". Hope every one understands this.





    ggyro
    07-20 05:59 PM
    I believe best mode's analysis is correct based on the following from the daily dairy
    "By 55 yeas to 40 nays .. Senate rejected the motion to waive ...with respect to Cornyn Amendment No. 2339 (to Amendment No. 2327), to provide interim relief for .... Subsequently, the point of order that the amendment, was not germane, was sustained, and the amendment thus fell. "

    My interpretation: the vote was not on Cornyn's amendment; ...; it was out of order because it did not qualify as an amendment to this bill.

    Because 40 Dems voted no on the waiver does not mean they are opposed to the amendment; they just did not want to vote on this amendment on this bill.





    dilbert_cal
    05-15 12:38 AM
    What is your PD ?

    My personal preference is for AOS as it gives me much more flexibility. ( EAD and AC21 )



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