Schedule A Visa Numbers : Cutoff Expected by early FY2006 Posted Mar 24, 2006 ©MurthyDotCom The U.S. Department of State (DOS) provided an update in mid March 2006 regarding the future availability of Schedule A visa numbers, as reported in the monthly Visa Bulletin. [The most recent Visa Bulletin chart is always available on MurthyDotCom.] The DOS announced that 20,000 of these numbers remain. For the time being, the numbers are expected to remain current. Since there is a finite quantity of these numbers, rather than an annual allocation, however, they cannot last forever. All other employment-based (EB) categories receive an annual allocation. ©MurthyDotCom As regular readers of MurthyDotCom and the MurthyBulletin know, Schedule A covers nurses and physical therapists. Those unfamiliar with the history of this special allocation of visa numbers to Schedule A, may find it helpful to read our May 20, 2005 MurthyBulletin article, Visa Bulletin to Reflect a New Category, available on MurthyDotCom. ©MurthyDotCom 20,000 Numbers Remain ©MurthyDotCom With about 20,000 of the initial 50,000 Schedule A numbers remaining, the DOS predicts that a cutoff date will be established during the first quarter of Fiscal Year (FY) 2007. The first quarter of FY2007 runs October 1, 2006 to December 31, 2006. This prediction is based upon current demand levels, which are subject to change. Once these numbers are depleted, the Schedule A nurse and physical therapist cases will only be eligible for the general pool of EB3 numbers. This will mean long waiting times for visa availability for this category of professionals, as well. ©MurthyDotCom Problem for Nurses ©MurthyDotCom Visa number unavailability is highly problematic for nurses, and the employers who desperately need their services to staff U.S. hospitals and other health care facilities. Most nurses generally do not qualify for H1Bs, either. The U.S. has a significant and long-standing nursing shortage; the reason they have been treated differently in many aspects of the immigration process. Nurses do not have to undergo the labor certification process, for example, and Congress granted the special allocation of 50,000 immigrant visas under the Schedule A category largely because of the nursing shortage. ©MurthyDotCom Conclusion ©MurthyDotCom Once the numbers in Schedule A run low, it will create yet another crisis in employment-based immigration in the United States. The allocation of 50,000 previously unused visa numbers to Schedule A was a temporary solution to a long-term problem. We urge MurthyDotCom and MurthyBulletin readers who are affected to push their U.S. senators and representatives for a long-range solution to allow for sufficient visa numbers to meet the needs of U.S. employers for permanent workers. A comprehensive, long-term solution to our immigration problem is required if we are to avoid further crisis within our health care system due to lack of workers, and avoid other types of jobs and resources being sent offshore. It is necessary to keep our economy moving forward at a steady, brisk pace, and to provide for the proper healthcare of our aging population. Copyright © 2006, MURTHY LAW FIRM. All Rights Reserved
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