Strategy to Expedite Immigrant Visas for Nurses
Posted Aug 13, 2004

At a July 21, 2004 liaison meeting between the USCIS and members of the American Immigration Lawyers Association (AILA), the importance and urgency in reviewing nurse cases was discussed. Officials at the USCIS Service Center Operations agreed to review the possibility of expediting Form I-140 Petition cases for registered nurses.
©MurthyDotCom
Background on Nurse I-140 Petitions
©MurthyDotCom
As regular MurthyDotCom and MurthyBulletin readers are aware, there is a shortage of nurses in most U.S. health care facilities and this shortage is predicted to reach critical proportions. AILA requested that the USCIS consider this factor in reviewing I-140 petitions filed on behalf of registered nurses. These I-140 cases are filed using the U.S. Department of Labor (DOL) Schedule A exemption from the labor certification requirement available to registered nurses.
©MurthyDotCom
Processing Dates for Nurse Petitions at USCIS
©MurthyDotCom
Current processing times for these cases vary considerably from one Service Center to the next. On July 21, 2004, the Vermont Service Center was officially reviewing cases received on April 21, 2004, well ahead of the Nebraska (November 15, 2003), California (July 7, 2003), and Texas (July 28, 2003) Service Centers.
©MurthyDotCom
Strategy / Suggestion to Expedite IV Processing
©MurthyDotCom
While this issue is under consideration, the USCIS and the U.S. Department of State’s National Visa Center (NVC) have suggested an alternative method to attempt expediting the immigrant visa (IV) processing for nurses who are abroad. USCIS and NVC are encouraging any foreign national registered nurse benefiting from a pending Schedule A, Form I-140 petition to submit her/his immigrant visa application, Form DS-230 Part I, in a separate, sealed envelope at the time of filing the I-140 petition. The sealed envelope containing the DS-230 Part I for the primary beneficiary and all derivative applicants (generally, the spouse and/or children) should be clearly addressed to the NVC. Once the I-140 petition is approved, USCIS has agreed to forward the envelope with the approved Immigrant Petition case to the NVC to complete processing for the issuance of an immigrant visa at the U.S. consulate abroad.
©MurthyDotCom
Conclusion
©MurthyDotCom
This helpful suggestion from the USCIS should save some time between the approval of the I-140 petition and the start of the process to obtain an immigrant visa. There was no mention as to how the visa fees should be paid in this scenario. Normally, the fees for immigrant visa processing must be paid before the submission of the DS-230 Part I. It is not clear if the fees must accompany the DS-230 Part I in this procedure or if a separate bill for the fee will be issued following receipt of those forms. Hopefully this option will help, in a small way, to alleviate serious concerns over the shortage of nurses in U.S. hospitals, nursing homes, and other facilities.