WithoutGCAmigo
06-19 10:29 AM
The dates came back to normal...What a relief!!!!!:) :) :) :)
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cygent
07-17 08:00 PM
In title you mentioned "los angeles" but you havne't sent to Senators from CA.
Hi aadimanav,
Yes, They are from California. They represent the district I live in. Am I missing something here?
Hi aadimanav,
Yes, They are from California. They represent the district I live in. Am I missing something here?
hebbar77
05-01 09:25 PM
If all members of this community pay 100 grand , we can buy a country in africa and build our own country!!
This could be good substitute for buying houses here worth 500-1000k$
What do u think!?:D
This could be good substitute for buying houses here worth 500-1000k$
What do u think!?:D
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srt57
02-10 07:35 PM
Thanks styrum. That sheds some light on the issue. From that I deduce that the only way to file an EB2 for jobzone 4 /svp 7 occupation, while minimizing the risk of audits, is for the advertised position to require an MS+0 and nothing else. If someone happens to have a BS+5 then they can use that as a substitute for the MS+0.
If anyone has been able to successfully file under circumstances negating the above, please do share the specifics with us .
If anyone has been able to successfully file under circumstances negating the above, please do share the specifics with us .
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snathan
06-03 01:13 PM
On one side kids at a age they should be enjoying... work hard at something and excel at it,whatever it be.
On the other side so called highly educated (?) people ...supposedly people who should excel at something find faults with these kids saying they aren't good at all facts of life.
Are any one of us good in everything ? or for that matter is anyone in this world good ?
Learn to appreciate achievement, for they have achieved far more than most of us did.
To all those people who keep saying this is rote learning of words, do you know how many words there are ? and if it is humanely possible to remember the spelling of each of the words ? There is much more logic involved as words of a specific origin (greek,Italian etc) have a specific characteristic and trend it is all about picking out the trend...keeping your cool and spelling it out taking into account all the smaller variances.
Before any of you go off on how kids work too hard, take a survey of the most successful people in the world most them spent their childhood working extremely hard towards a goal.
These are kids they can grow up and learn and become more rounded, hopefully that can apply to some posters here.
This is just a foundation for a bright future....but apparently people are seeing only how they are not more rounded today.
On the other side so called highly educated (?) people ...supposedly people who should excel at something find faults with these kids saying they aren't good at all facts of life.
Are any one of us good in everything ? or for that matter is anyone in this world good ?
Learn to appreciate achievement, for they have achieved far more than most of us did.
To all those people who keep saying this is rote learning of words, do you know how many words there are ? and if it is humanely possible to remember the spelling of each of the words ? There is much more logic involved as words of a specific origin (greek,Italian etc) have a specific characteristic and trend it is all about picking out the trend...keeping your cool and spelling it out taking into account all the smaller variances.
Before any of you go off on how kids work too hard, take a survey of the most successful people in the world most them spent their childhood working extremely hard towards a goal.
These are kids they can grow up and learn and become more rounded, hopefully that can apply to some posters here.
This is just a foundation for a bright future....but apparently people are seeing only how they are not more rounded today.
senthil1
07-04 12:18 PM
Will it really create ablity to pay issue when an employer keeps many I140s without pay and create a problem for future Gc processing? If that is really an issue then cancelling I140 is not retaliation. People can post their views.
You have used AC21 after 180 days then what is there to worry? Even if you receive RFE you can reply and you can get GC.
I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
You have used AC21 after 180 days then what is there to worry? Even if you receive RFE you can reply and you can get GC.
I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
more...
jsb
01-16 08:32 AM
My PD has been current quite a few times since 06/2007. Last time when I called TSC, my NC was still pending. My FP was done during 07/07 and I heard from some one in this thread that FP is valid for 15 months only. So what should I do now. Should I go for an infopass and take an FP appointment ? Guys please advise.
It appears that you are EB2-ROW. With that old PD, you should definitely take an Infopass and ask what is holding up. As per regulations they are not supposed to wait for NC for more than 180 days, unless something suggesting "name not cleared" has been provided by FBI
It appears that you are EB2-ROW. With that old PD, you should definitely take an Infopass and ask what is holding up. As per regulations they are not supposed to wait for NC for more than 180 days, unless something suggesting "name not cleared" has been provided by FBI
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alien2006
10-24 10:19 AM
I know a EB2 India application (obviously not mine) that was approved after this July fiasco and no where I could find his PD date current in those previous months (except July where everyone was current). After this guy got his GC, I am convinced there is no "system" in place. It is all random and you can't really predict anything. :mad:
Congrats OP :-)
Congrats OP :-)
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PavanV
10-11 01:01 AM
BharatPremi,
Looks like we are in minority :), I guess people need to be educated about legalities of the immigration system, just because one applies for a green card , or one gets a Green card, he/she does not become part of the country.
Please remember this folks, till you become citizens you are still representing your home country :), and BharatPremi mentioned US of A only expects that you don't indulge in any activities that the government lists as against the US of A, after all we are all here only because the country allowed us in because they perceive there is a need for high skilled labor, letting us contribute and at the same time benefit from this huge economy,we are at their discretion legally, and they can show us the door just as the way it was opened to let us in, just because you are here does not mean you can demand rights :) and call this your home country, that is what the illegals do. I am sorry for sounding so depressing, I witnessed a mass layoff at my company and a lot of my friends (Americans) who are very senior folks were let go, I was spared, somehow that is hurting my conscience, and I am not in a position either to voluntarily give up my job.I want everybody to be happy, and prosper, layoffs reflect the ugly side of capitalism, the weak and old are exploited.
All the best in your immigration process folks, you will need all the luck to stay here.
Sarve jano sukhino bava (Let everybody be happy)
Can you please provide us any link or legal constitutional document from any legal organization in India and USA which states that Patriotic Indian ( For the sake of argument Indian) should not apply for US Green Card ( Permanent residency)? Or for that matter can you legally proove that not applying for US GC is the barometer of patriotism towards India for an Indian?
Do you have any reading comprehension capabilities?
Read the first sentence of following link and let me know what do you comprehend?
Your lesson for US immigration starts from here.
USCIS - Green Card (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ae853ad15c673210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)
Best Luck.
Looks like we are in minority :), I guess people need to be educated about legalities of the immigration system, just because one applies for a green card , or one gets a Green card, he/she does not become part of the country.
Please remember this folks, till you become citizens you are still representing your home country :), and BharatPremi mentioned US of A only expects that you don't indulge in any activities that the government lists as against the US of A, after all we are all here only because the country allowed us in because they perceive there is a need for high skilled labor, letting us contribute and at the same time benefit from this huge economy,we are at their discretion legally, and they can show us the door just as the way it was opened to let us in, just because you are here does not mean you can demand rights :) and call this your home country, that is what the illegals do. I am sorry for sounding so depressing, I witnessed a mass layoff at my company and a lot of my friends (Americans) who are very senior folks were let go, I was spared, somehow that is hurting my conscience, and I am not in a position either to voluntarily give up my job.I want everybody to be happy, and prosper, layoffs reflect the ugly side of capitalism, the weak and old are exploited.
All the best in your immigration process folks, you will need all the luck to stay here.
Sarve jano sukhino bava (Let everybody be happy)
Can you please provide us any link or legal constitutional document from any legal organization in India and USA which states that Patriotic Indian ( For the sake of argument Indian) should not apply for US Green Card ( Permanent residency)? Or for that matter can you legally proove that not applying for US GC is the barometer of patriotism towards India for an Indian?
Do you have any reading comprehension capabilities?
Read the first sentence of following link and let me know what do you comprehend?
Your lesson for US immigration starts from here.
USCIS - Green Card (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ae853ad15c673210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)
Best Luck.
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for_gc
06-23 04:10 PM
And always send via USPS express mail. (1 day costed me $18) but I came to know instantly the next day that they received it.
You could also use some cheaper USPS option. as long as it has some delivery confirmation.
The reason I like express mail one day, is because u can request a copy of the receiver's signature via email (comes in a PDF). This is proof that USCIS really got it and u can then sleep nicely for the next 3 months.
Ha Ha.
Hi dilip,
Where do we get the A# from ?
You could also use some cheaper USPS option. as long as it has some delivery confirmation.
The reason I like express mail one day, is because u can request a copy of the receiver's signature via email (comes in a PDF). This is proof that USCIS really got it and u can then sleep nicely for the next 3 months.
Ha Ha.
Hi dilip,
Where do we get the A# from ?
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NKR
05-13 05:30 PM
I am talking about a person (like 485mbe - the one who has posted next to yr post) who has a PD of 2001 ..I am not saying that they should give Eb2's quota to EB3 ..but they should try to pull the category that is worst affected..or atleast give EB3 something ..
my question to you is ..say in the year 2010, would u support a situation where all categories are current or at 1 year difference ...while a particular category (eb3 I in this case) is at 2001 ??.. even if you do ..my feeling is that USCIS will try to pull EB3 - I (if something like above happens)..but then they are just a govt agency ..and in the end they are similar to govt agency in India ..only difference is that maybe little better
can I force them to do something just --No. can I pray for it -- maybe ..should I be ready for it (i.e. Eb3 - still in 2001 - 2002) - definitely !!
actually Eb3 - I should try and see something positive from this (I know it is difficult) ..maybe this long queue may motivate them to work harder or to get additional certifications (as I do ..) ...also, in my case, this delay in GC ..prevented me from buying a house when the prices were at peak ..(there is no doubt ..that had I got GC in 2006 ,..then I would have rushed to buy a house at inflated prices --far away from the city)
Just curious, why are you not porting your PD?. Nowadays Perm takes less than 2 months and with premium, 140 takes a few months.
my question to you is ..say in the year 2010, would u support a situation where all categories are current or at 1 year difference ...while a particular category (eb3 I in this case) is at 2001 ??.. even if you do ..my feeling is that USCIS will try to pull EB3 - I (if something like above happens)..but then they are just a govt agency ..and in the end they are similar to govt agency in India ..only difference is that maybe little better
can I force them to do something just --No. can I pray for it -- maybe ..should I be ready for it (i.e. Eb3 - still in 2001 - 2002) - definitely !!
actually Eb3 - I should try and see something positive from this (I know it is difficult) ..maybe this long queue may motivate them to work harder or to get additional certifications (as I do ..) ...also, in my case, this delay in GC ..prevented me from buying a house when the prices were at peak ..(there is no doubt ..that had I got GC in 2006 ,..then I would have rushed to buy a house at inflated prices --far away from the city)
Just curious, why are you not porting your PD?. Nowadays Perm takes less than 2 months and with premium, 140 takes a few months.
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unitednations
08-15 04:27 PM
I don't quite understand these "citizenship" worries. Am I missing something? You are not required to keep W2s for more than 3 years. You can apply for your citizenship on 6-th year and list your employment after 1 year of having GC. So you appear on interview showing last 3 W2s and that's it. Why would it lead to denial of citizenship?
Everyone wants to play it safe until they get greencard and then everyone becomes risk taker after greencard gets approved; because they feel uscis is no longer watching.
Have you ever seen an RFE; where a company is asked to account for all h-1b, L-1, I-140's and people who got greencard through the company and where they are?
I have seen it. It is where there is an imbalance between current employee headcount and number of greencard filings. This imbalance will always exist in staffing companies because everyeone eventually has to file labor/140. At certain points of time there will be more pepole who have gone for greencard then what the current headcount is.
Everyone wants to play it safe until they get greencard and then everyone becomes risk taker after greencard gets approved; because they feel uscis is no longer watching.
Have you ever seen an RFE; where a company is asked to account for all h-1b, L-1, I-140's and people who got greencard through the company and where they are?
I have seen it. It is where there is an imbalance between current employee headcount and number of greencard filings. This imbalance will always exist in staffing companies because everyeone eventually has to file labor/140. At certain points of time there will be more pepole who have gone for greencard then what the current headcount is.
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nixstor
10-11 04:36 PM
You have to remember that Schedule A is a one time 50K cap. DOS mentioned that the category will be eliminated from VB soon. They expect to hit the 50K cap by the end of this month and thats why they will not accept any more new applications from then. So who ever were able to sneak in under that category, will get their GC. There will not be a Schedule A category unless congress approves again.
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va_labor2002
09-15 09:56 PM
It is created to sharing ideas among members - to resolve immigration matters - not to discuss other topics like real estate investments etc. It is okay to quote one's or someone else's progress in financial matters in the context of his/her immigration status, but to make a complete turn and just discuss the specifics of financial investments etc. doesn't have a place on this forum.
My 2 cents..
I don't agree with you.
While we are waiting for GC,What options we have in US ? How to use our time more effectively instead of worrying too much ? This is what we were discussiing. It is indirectly related to immigration.
Take it easy Man.....Don't worry too much about the content !
My 2 cents..
I don't agree with you.
While we are waiting for GC,What options we have in US ? How to use our time more effectively instead of worrying too much ? This is what we were discussiing. It is indirectly related to immigration.
Take it easy Man.....Don't worry too much about the content !
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nogc_noproblem
11-08 12:11 PM
Well said BharatPremi, I enjoyed reading this.
The people who wants to be a part of American Society should first definately be a very open minded towards all cultures and social trends.
Other thing to be Indian or representing Indian traditions is not a crime but certainly every time barking against anything Indian may certainly be a crime as it is a clear indication of closed door or prejudicial mind towards one particular country and culture. Americans do not mind if one shows that he is Indian now and want to become in American future. Although they prefer that AND that is why they label Jindal as Indian-American although he born in USA. If there are majority Indians on IV board, it is not a crime but it is obvious. Some of my chienese friends on IV board may start thread for wishing chienese festival, I bet most Indians on this board will welcome and same goes with Muslim friends on IV board. Starting and wishing EID MUBARAK thread (By the way that is also a Indian tradition..And I am proud of that too) is not a crime and by now if nobody started it does not mean other people may not welcome it. If you are a Muslim, start the thread for EID Mubarak, I will be the first to welcome that step. You want to be American,, right? Then first start learning open mind and start respecting the culture of majority IV memebers first. If you would not start that now how will you settle yourself in cultural pot of the world?
If you are an Indian citizen right now take control over your inferiority complex and get over it because if you do not respect your culture or your tradition what guaranty would be there for Americans that you would respect American traditions in future. Even Americans are not fool. And how dare you pretend that people form China and other countries just stop supporting IV as they just see few threads celebrating Indian culture? So stop this bullshit now otherwise I may have to request moderators to ban you.
By the way Happy Diwali to you and your family.
The people who wants to be a part of American Society should first definately be a very open minded towards all cultures and social trends.
Other thing to be Indian or representing Indian traditions is not a crime but certainly every time barking against anything Indian may certainly be a crime as it is a clear indication of closed door or prejudicial mind towards one particular country and culture. Americans do not mind if one shows that he is Indian now and want to become in American future. Although they prefer that AND that is why they label Jindal as Indian-American although he born in USA. If there are majority Indians on IV board, it is not a crime but it is obvious. Some of my chienese friends on IV board may start thread for wishing chienese festival, I bet most Indians on this board will welcome and same goes with Muslim friends on IV board. Starting and wishing EID MUBARAK thread (By the way that is also a Indian tradition..And I am proud of that too) is not a crime and by now if nobody started it does not mean other people may not welcome it. If you are a Muslim, start the thread for EID Mubarak, I will be the first to welcome that step. You want to be American,, right? Then first start learning open mind and start respecting the culture of majority IV memebers first. If you would not start that now how will you settle yourself in cultural pot of the world?
If you are an Indian citizen right now take control over your inferiority complex and get over it because if you do not respect your culture or your tradition what guaranty would be there for Americans that you would respect American traditions in future. Even Americans are not fool. And how dare you pretend that people form China and other countries just stop supporting IV as they just see few threads celebrating Indian culture? So stop this bullshit now otherwise I may have to request moderators to ban you.
By the way Happy Diwali to you and your family.
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gc_bulgaria
10-04 08:12 PM
Yes, things have improved now in the chapter - we have extremely dedicated members - and we are all buddies - there is a new energy in this chapter.
The Tri State area has a huge potential and we must tap it.
Thanks for your support. Please help me bump this thread :)
If 50+ people make it to Maya - we will ask the manager to give 3 for 1 happy hour :)
Now I am definitely in! :D Haven't still heard back from the travel coordinator but requested the flight to be moved to Saturday. So you will have representation from Louisiana!
The Tri State area has a huge potential and we must tap it.
Thanks for your support. Please help me bump this thread :)
If 50+ people make it to Maya - we will ask the manager to give 3 for 1 happy hour :)
Now I am definitely in! :D Haven't still heard back from the travel coordinator but requested the flight to be moved to Saturday. So you will have representation from Louisiana!
more...
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21stIcon
02-19 08:07 PM
50K is not enough for even 2 members family on unexpected occasion, you loved one will be on the streets...
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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.
Instead of writing individual letters, we should approach through appropriate channels like some lawyers, AILA etc. Not sure though.
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swarnapuri
05-28 06:13 PM
tired of the long wait....
houston2005
01-14 01:23 PM
This bill has nothing related to EB applicants.
Also looks like Sec. 501 Earned Access to Legalization may apply only to illegals.
The more it is closer to amensty, it will not go forward.
Also looks like Sec. 501 Earned Access to Legalization may apply only to illegals.
The more it is closer to amensty, it will not go forward.
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.
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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