In this climate of immigration retrogression, it was recommended that California NCLEX nurses endorse to Vermont prior to the expiration of the 3-year window of opportunity to provide SSA numbers to The CA State Board of Nursing. The VT State Board reports that it has experienced an increase in endorsement requests as a result of this issue, leading them to review their policy and make some procedural changes, as follows:

1. VT requires the official NCLEX exam results. For example if you took the exam through CA; you will need to contact the California Board of Nursing and request a “Certified Copy of Test Results with Photo” to be sent to the State of Vermont Board of Nursing. California’s fee for this is $10.00. (If you’ve already completed this step please proceed to step 2)
2. VT will need to have the Verification of Education Form completed by your school and your official transcripts sent to them. You can print the verification of education form from their website www.vtprofessionals.org on pages 5 and 6 of the International Nurse Application.
3. VT requires the License Verification Form completed for your original nursing license and your most current nursing license. You can print this form from their website www.vtprofessionals.org on page 7 of the International Nurse Application.

Note: For nurses in the United Kingdom: VT can verify the license online. You need to fill out the Verification Form by putting in the caller code and pin number so that they can access your information from the NMC website.

Once VT receives this information, they will then be able to process your application for licensure through the state of Vermont.

As mentioned previously, please be aware when you start the re-endorsement process, that the CA Board of Nursing will have considered your application abandoned and your file will no longer be active.  Thus, it will be necessary for you to submit all educational credentials a second time to CA.  While it will be inconvenient to do so, it will protect you from having to re-take the NCLEX-RN exam.

By Thomas J. Joy, Esq.

October 2008 Newsletter

October 1, 2008 marks the start of the new government Fiscal Year 2009 (“FY 2009”). At this time the new annual quota of immigrant visa numbers becomes available. Unfortunately, retrogression is still with us.

The anxiously awaited State Department October Visa Bulletin indicates EB-3 cutoff dates as follows: China (October 1, 2001), India (July 1, 2001), Mexico (July 1, 2002), Philippines (January 1, 2005), all other countries (January 1, 2005). Earlier visa bulletins had predicted that FY 2009 would start with the more favorable cutoff dates that had existed in June 2008 just before the EB-3 category became totally unavailable from July through September 2008. 

However, heavier demand from USCIS than anticipated has caused the State Department to establish cutoff dates further back than those that existed for June 2008. Finally, a note in the October Visa Bulletin states that little if any forward movement is likely until the extent of the USCIS backlog of old priority dates can be determined. As a result, at this time, it is impossible to predict or even guess how soon immigrant visa numbers will become available for later filed cases. We will keep you advised of any new information as it is released by the State Department. 

In the area of proposed new laws to increase the immigrant visa quotas for nurses and to recapture unused immigrant visa numbers from previous annual quotas, significant progress has been made as previously reported here. The nurse legislation and the recapture legislation introduced in the House of Representatives has been repeatedly postponed for further hearings and the recapture legislation introduced in the Senate has not yet been scheduled for hearings. 

This proposed legislation is the result of bipartisan efforts. With Congress leaving for the upcoming national elections and the ongoing problems with the US economy, it is unlikely that this pending legislation will be enacted this year. 

However, due to the bipartisan support for and the significant progress of this pending legislation this past year, we are optimistic that same or similar legislation will be reintroduced in the new Congress which will start in early 2009.

As stated here previously, we advise and encourage you to continue to file your Schedule A immigrant visa petitions for nurses. This initial step in the immigrant process is not prevented by the presence of retrogression. 

By filing now, you will be ahead of the competition when retrogression is lifted by the enactment of the proposed nurse and recapture legislation.

The Sanctuary, a pro-immigrant and civil liberties group, asked the presidential candidates, Barack Obama and John McCain, to complete a questionnaire that featured a number of immigrant-related questions.

Senator McCain has yet to send his response, but Senator Obama has answered the survey with some informative answers to his plans for immigration reform.

The questionnaire is featured below:

CANDIDATE QUESTIONNAIRE
Name: Barack Obama
Party Affiliation: Democrat
Address: xxxxxxx Chicago, IL 60601
Home Phone:
Campaign Phone Office: xxx-xxx-xxxx
Office Sought/Opponents in:

If you are a State candidate, please indicate your State Registration Number:
The Sanctuary is a multi-issue organization working in the service of human rights, human reasoning
and progressive discussion. Therefore it is critical for us to understand your position on the following
issues.

Please give specific answers to the questions and answer them as thoroughly as possible. Please type
your answers. Use additional sheets as necessary.

1. Could you please articulate what you think are the most pressing issues for the U.S. immigrant
community, at home AND abroad, and how you would hope to address those issues as President?

At home, the immigrant community faces a real challenge from the tension our inability to fix
our immigration system has engendered. Abroad, not enough is being done to encourage job
creation and economic development and to decrease the pressure to immigrate without
authorization to the U.S. in search of work.

2. Do you support comprehensive immigration reform?

Yes.

3. What policy conditions would comprehensive immigration reform have to meet in order for you to
support it? Please be specific?

I fought in the U.S. Senate for comprehensive immigration reform. And I will make it a top
priority in my first year as president. Not just because we need to secure our borders and get
control of who comes into our country. And not just because we have to crack down on
employers abusing undocumented immigrants. But because we have to finally bring the 12
million undocumented out of the shadows.

We should require them to pay a fine, learn English, abide by the law, and go to the back of the
line for citizenship – behind those who came here legally. But we cannot – and should not –
deport 12 million people. That would turn American into something we’re not; something we
don’t want to be.

Read the rest of this entry »

Mark your calendars! The U.S. Department of State has set the date for this year’s Green Card Lottery. The DV-2010 Diversity Visa Lottery will begin at noon EST on October 2, 2008, and end at noon EST on December 1, 2008.

The Diversity Visa Program, better known as the green card lottery, provides individuals from countries with low immigration to the U.S., an opportunity to live and work permanently in the United States.

The State Department hasn’t yet released the updated instructions and information, but as soon as it does, you’ll find the information here.

The E-Verify program is now at a 99.5 percent accuracy rate, according to a new paper by the Center for Immigration Studies.  The program allows employers to check the immigration status of new employees.  This voluntary program has already screened more than one in 10 new hires nationwide – and has processed more than 6.21 million queries to date.

Although E-Verify is set to expire on Nov. 30, 2008; unless it is re-authorized by Congress, the House of Representatives has already passed a reauthorization bill, and waiting on the Senate to take action.

The Center for Immigration Studies produced a thorough evaluation in a report entitled “If It’s Fixed, Don’t Break It: Moving Forward with E-Verify”.  The report covers a variety of topics in the E-Verify debate, including statistics regarding usage, cost and effectiveness, legislative history, executive orders affecting the program, the relationship of E-Verify to worksite enforcement, and past improvements to the program as well as future goals.

This report is available online, and can be found at CIS.org

AILA recently posted an article on Curricular Practical Training (CPT) functioning as employment that is part of a student’s specified degree curriculum.  

It was posted in “AILA InfoNet Doc. No. 08091769 (posted Sep. 17, 2008)“

Curricular Practical Training (CPT) is employment that is part of a student’s specified degree curriculum. The Designated School Official (DSO) authorizes CPT for students before they can begin wok by annotating their I-20 in accordance with the 8 CFR 214.2(f)(10)(i). Unlike Optional Practical Training (OPT), no employment authorization from USCIS is needed. This raises two questions, which were posed to DHS by AILA’s E-Verify Liaison Committee. DHS’ responses are below:

1. Is an E-Verify employer required to put CPT students through the E-Verify system?

Answer: “Yes, an employer must run E-Verify queries on CPT students.”

2. If yes, is the E-Verify system capable of automatically checking the student’s I-20 to produce an automatic confirmation of employment eligibility?

Answer: “No, the system cannot automatically check a student’s I-20. E-Verify does not currently access SEVIS during the automated first step of the verification process. Students under CPT will always be sent to secondary verification. He or she should, however, have employment eligibility confirmed within 24 hours provided his/her record can be located in SEVIS during secondary verification.”

CGFNS International and AHED Global Healthcare, Inc., a global continuing education provider, recently announced the rollout of a pilot project in India for the CGFNS Assessment of General Knowledge (CGFNS-AGNK) Examination.

The CGFNS-AGNK test is an internationally validated exam developed to determine nurses’ capacity to apply their knowledge in the delivery of effective patient care. The test will be used by schools of nursing and healthcare systems in India as a screening mechanism for measuring fundamental nursing knowledge and predicting work success for pre or post-licensed nurses.

The CGFNS-AGNK is a new global program that can be customized to meet the specific requirements by various user groups. The pilot rollout in India focuses on enhancing the employability of nurses within India and in other non-US countries. The test does NOT substitute for the State Nursing Council Examination required for licensure in India.

For more information about the new pilot project:
Read this press release from CGFNS International

UPDATE: VisaScreen Renewal Application Updated

The VisaScreen Certificate holders who have not adjusted their status or obtained a permanent US visa are required to renew their certificates within five years of the date it was issued.  Applicants need to begin processing their application six months prior to the expiration of their VisaScreen Certificate.  The cost for renewal is $250 USD.

To download an updated application:
Click here & read the updated Qualifying Exam dates here

Update in Congress

Over the next few weeks, there are several immigration bills up for consideration in Congress, including the recapture of 500,000 unused family and employment visa numbers.

With Congress adjourning, the next two weeks are key in pending matters, including the recent markup of HR 5924, the Emergency Nursing Supply Relief Act. Also, several other measures will be marked up, including HR 5882, Congresswoman Lofgren’s recapture legislation, HR 6020 (military), and HR 5950, which will provide medical care for immigration detainees.  If the House Judiciary Committee passes the measure, it will allow the full House to act on HR 5924, possibly allowing this measure to pass in 2008.

Contact Your Senator Today!

The U.S. Citizenship and Immigration Services (USCIS) recently completed a multi-year redesign of the naturalization test. This newly revised test will help encourage citizenship applicants to learn and identify with the basic values Americans share. The test will emphasize the fundamental concepts of American democracy and the rights and responsibilities of citizenship.

The redesign process is to ensure that the applicants have a meaningful understanding of the U.S. government and its history. The redesigned test will serve as an important instrument to encourage civic learning and patriotism.

Some new sections of the test that have been overhauled is the English reading and writing section, as well as new history and government questions – now testing in ten sites across the country. The redesigned test was introduced on September 27, 2007. Naturalization applicants will begin taking the revised test on October 1, 2008.

To find out more about what test you might take:
Read this article from the USCIS

Immigration Solutions is pleased to announce its new package of Employer Compliance Solutions and Services

Why wait until —

• The government notifies your company that it is to produce all of its I-9 forms and related documents for audit …
• Or, the government notifies your company that it is to produce all of its H-1B public access files and related documents for audit …
• Or, your company receives a Social Security No-Match Letter,

Consider the following:

Hiring managers and human resource professionals know the value of degreed skilled worker foreign nationals, especially in the science, technology, engineering and healthcare occupations.  As the workforce becomes more global in scope, employers are increasingly learning that it is essential to understand and effectively adhere to immigration compliance laws and regulations.

The trend toward increased scrutiny of immigration employment practices will likely continue in the foreseeable future. So for now, it’s imperative that employers place their attention on several important areas that require knowledge, training and compliance:

I-9 Employment Eligibility Verification Form. The mechanism for employment verification compliance is the I-9 Employment Verification Form which every worker must complete on the day of hire or earlier.

The employee must complete the first section of the I-9 form and must provide the required supporting documents within three days of the date of hire. If the documents are not presented by that point, the employee must be removed from the payroll (though it is permissible to suspend the worker rather than terminating the worker all together).

SSN No-Match Letters. A Social Security “no-match letter” is a notice sent by the Social Security Administration (“SSA”) to employers and employees to inform them that the employee name or Social Security number listed on an employee’s W-2 does not match the SSA records.

The no-match letter is not a notice that the employer or employee has done anything wrong. SSA mismatches may have many root causes, including failure to inform the SSA that a name change has occurred, typographical errors, an error within the SSA database, and individuals who present false social security numbers or use another person’s social security number when completing hiring paperwork.

E-Verify. E-Verify is an Internet-based system operated by the DHS in partnership with the SSA that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify virtually eliminates SSA mismatch letters, improves the accuracy of wage and tax reporting, protects jobs for authorized U.S. workers, and helps U.S. employers maintain a legal workforce. E-Verify is free and voluntary and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers.

H-1B / LCA Compliance. The American Competitiveness and Workforce Improvement Act (“ACWIA”) requires all employers that employ foreign workers in H-1B nonimmigrant visa status, to post an approved Labor Condition Application (“LCA”) for ten days in two “conspicuous” locations at the worksite where the H-1B worker will be employed. The employer must attest that the wage offered to the applicant is at least as high as that paid by the employer to current employees for the same type of job, and the number equals or exceeds the prevailing wage for the job in the same geographical area; that working conditions will not adversely affect those workers similarly employed; that there is no strike or lockout at the employer’s premises; and that the notice of the LCA has been given to current employees.

Additionally, employers which employ foreign workers in H-1B nonimmigrant visa status are also required to maintain a “public access file” containing certain information regarding the employee’s wages and the employer’s compliance with the LCA. Maintaining a public access file is an integral part of complying with H-1B laws.

Pre-Merger & Acquisition Due Diligence. While a closing may be a cause for celebration at a company, it can also be the cause of a nightmare for a company since it can instantly render all completed
I-9s for an acquired company invalid.  If the acquiring company does not assume all the assets and liabilities, then the I-9s will likely not transfer.

In a merger case where the acquiring entity is a successor-in-interest, new I-9s will not be needed. However, I-9s should be checked in the due diligence process to ensure the acquired I-9s are in good shape.

Employers should consider adding I-9s to a merger checklist and have all employees of the combined company complete I-9 forms on the day of closing or beforehand.

…

Immigration Solutions works proactively with its clients to provide comprehensive assistance in developing and maintaining best practices necessary to assure compliance with USCIS, SSA and DOL regulations.

Employer compliance is becoming more complex and enforcement (investigations and audits) is increasing. In order to effectively deal with these issues and avoid the very severe consequences for non-compliance, employers must take the time to develop a strategy and be prepared in advance with an Immigration Compliance Program.

Immigration Solutions will customize such a program for you and will provide onsite or telephonic training, consulting, and document auditing in all of the areas mentioned above, as well as provide ongoing compliance updates. For more information on our services, please contact us at info@immigrationsolution.net

By Thomas J. Joy, Esq.

The national elections in November 2008 will result in a new President.  In addition, all of the seats in the House of Representatives and one-third of the seats in the Senate will be contested.  The focus is understandably on the race for President.  However, the elections in the House of Representatives and the Senate are just as important, if not more so, when considering the controversial issue of immigration.  As a general constitutional principle, neither the President nor the Congress can create new laws on their own.  Each needs the other in order for new laws involving controversial issues to be enacted.

At first glance on the major immigration issues being debated in the election, Barack Obama, the candidate of the Democratic Party, and John McCain, the candidate of the Republican Party, would seem to agree.  Both support securing the borders of the United States from illegal immigration.  Both support bringing the illegal immigrants already in the United States out of the shadows and into the mainstream.  Both support the implementation of an electronic employment eligibility verification system and enforcement against employers who hire illegal workers.  Both support reform of the immigration system to fill needed jobs in the United States while at the same time protecting the American labor market.  Finally, both support the need to reunite families.

Upon closer inspection, however, one can clearly see major differences in degree in their positions on the various issues.  Their political party affiliation has a major influence on how serious and committed they can and will be on the issues.  As members of the Senate, both supported the failed comprehensive immigration reform efforts in the recent past.  John McCain, however, has alienated the conservatives within the Republican Party for having co-sponsored a comprehensive immigration reform law with leading Democratic Party liberal Senator Edward Kennedy.

As a result of the conflict within his own party, John McCain has moved more to a “secure the borders first” position and away from a strong position on comprehensive immigration reform.  On the other hand, Barack Obama, while articulating a strong support for comprehensive immigration reform, must deal with a key group of conservative Democrats who tend to vote with the enforcement oriented Republicans on immigration issues.  At the far end of the Democratic Party spectrum are those few who want to focus only on legalization (otherwise called amnesty by some).  At the far end of the Republican spectrum are those few who want to change the 14th Amendment of the Constitution to deny United States citizenship to children born in the United States to illegal alien parents.

Meanwhile, there is presently proposed bipartisan legislation pending in Congress to increase the quotas for employment based immigrants and also to provide more immigrant visas in the healthcare industry.  If these proposed laws do not become law this year, they will almost certainly be reintroduced early in 2009 when the new President and Congress take office.

In summary, we must take a wait and see position concerning how successfully the new President will be able to bring together the different factions in his own party and work together with the other party to structure and pass a comprehensive immigration law.