USCIS Proposes Fee Adjustments

Some clients emailed me to ask about the proposed fee adjustments by the United States Citizenship and Immigration Services (USCIS). Yes, a proposal is out. A proposed rule on the fee adjustments was published in the Federal Register on February 1, 2007. The proposed rule provides for a 60-day public comment period. And thereafter, a draft of the final rule comes out.

What are these fees the USCIS intends to adjust? These refer to the fees that petitioners or applicants (for immigration benefits) pay when submitting their petitions or applicants to the USCIS. The fees are required to support immigration case processing. The USCIS is a fee-based agency since its immigration benefit operation has operated under a user fee account instead of receiving appropriated fund for its daily operations.

Simply put, the USCIS relies from the petitioners or applicants the funds needed to process the immigration benefits they seek. Fair enough.

By how much does the USCIS propose a fee increase? The average proposed increase for application and petition fees will be approximately a whopping 86 percent.

Let’s take a look at some of the proposed fee increases:

(1) Application to Register Permanent Status or Adjust Status (I-485) – the current fee is $325; the proposed fee is $905.
(2) Application for Naturalization (N-400) – current fee is $330; the proposed fee is $595.
(3) Petition for Alien Fiancé (I-129F) – current fee is $170; proposed fee is $455.

Here we go. A substantial fee increase is on its way. So, if you’re seeking an immigration benefit and qualified for it, you better hurry and file it now.

“Misinformed” about the VisaScreen

True, indeed, many are “misinformed” about the VisaScreen issue that has been gracing the Philippine press recently.

Take the case of a news item in one Manila paper, captioned “DOLE: CGFNS ‘flexible’ on 2006 NLE retake.”

The news item said: “Rosero (referring to PRC Chairwoman Leonor Rosero) said VisaScreens that are being issued by CGFNS are not required to all states in America. She said there are at least 20 states that don’t require CGFNS’s VisaScreens, which means nurses who took the June 2006 NLE can still work in America without retaking the examination.”

The statement allegedly made by the PRC Chairwoman is not correct. VisaScreen is not a state imposed requirement. A United States federal law requires it: Section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Since it is imposed by a federal law, the VisaScreen has to be complied with by all those covered by the law- specifically nurses- wherever state in the United States they intend to work.

Even granting arguendo that a state law exists, which explicitly provides that “VisaScreen is not required to foreign nurses employed in hospitals located in the state” (an unlikely situation, though), VisaScreen shall remain a mandatory requirement. Why? In a conflict between a state law and a federal law, the latter prevails. Reason: Supremacy of federal law.

CGFNS Denies VisaScreen for Philippine RNs

On February 14, 2007, the Commission on Graduates of Foreign Nursing Schools (CGFNS) issued the following statement concerning nurses who passed the June 2006 examination, and who intend to apply for the VisaScreen certificate:

“After careful consideration, the Commission on Graduates of Foreign Nursing Schools (CGFNS International) has decided that those Philippine nurses who were sworn in as licensed nurses in the Philippines following their passing the compromised licensure exam of June 2006 are not eligible for a VisaScreen Certificate. CGFNS began investigating this issue soon after the first reports of irregularities were received and sent a fact-finding mission to the Philippines in September 2006. CGFNS has concluded that the licensure process for those who received their license as a result of passing the compromised June 2006 licensure examination raises significant questions about the accurate assessment of the competencies of many of those individuals.”

What exactly is the VisaScreen certificate that hampers many Philippine registered nurses who want to immigrate to the United States?

As I have explained in my book, “A Guide to U.S. Visas for Filipino Professionals,” Section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 mandates that an alien who seeks admission to the United States primarily to work in the seven (7) covered occupations (to include registered nurses) must present a certificate from an authorized credentialing organization. For registered nurses, the only authorized credentialing organization is the Commission on Graduates of Foreign Nursing Schools (CGFNS), and the certification process is administered through the International Commission on Healthcare Professions (a division of the CGFNS).

The certificate attests that the nurse’s education, training, experience, and LICENSE are comparable to that required of U.S. registered nurses, and that the nurse meets all legal requirements for entry into the U.S. under the requested visa classification. The certificate also attests that the nurse possesses a defined minimum level of English competence and has passed the CGFNS exams or NCLEX.

Let’s provide brief answers to frequently asked questions from Registered Nurses:

Is the VisasScreen certificate a “must-have” for registered nurses?

Yes, it is a requirement for admission into the United States (for RNs who are still outside of the U.S.). This means, without the VisaScreen certificate, the U.S. Embassy will not issue to the RNs the visas needed to enter the United States.

What about RNs who already passed the NCLEX- have a pending or approved I-140 immigrant visa petition (or have a pending Green Card application), do they still need the VisaScreen certificate?

Yes. Some RNs harbor the erroneous belief that once they passed the NCLEX, “they do not need the VisaScreen certificate” and that “many U.S. hospitals do not require it.” The fact is, without the VisaScreen certificate, the U.S. Citizenship and Immigration Services will not approve the RNs’ Green Card application- known in immigration legalese as application for adjustment of status.

Does the VisaScreen requirement apply to both immigrant and nonimmigrant visa applicants?

Yes. Both categories require the VisaScreen certificate.

Visa Options for Registered Nurses

This article has been culled from my recently published book, “A Guide to U.S. Visas for Filipino Professionals.” Copies of the book are available from Conanan Bookstore, 2019 C M Recto Avenue, Manila, Tel. (02)735-5582.

Since the 1980s, the demand for foreign registered nurses by United States hospitals and nursing facilities has been without letup. To date, the so called “nursing crisis” continues, prompting qualified nurses, especially from the Philippines, to come to the U.S. in droves.

How do foreign registered nurses qualify for immigration to the United States? U.S. immigration laws provide the following eligibility requirements for nurses: (1) must be graduates of nursing in their country of origin, (2) have unrestricted nurse license in the country where they received their nursing education, (3) have received a certification from the Commission on Graduates of Foreign Nursing Schools (CGFNS) or nurse license from state of intended employment, and (4) have received a certification from an organization approved by the United States Citizenship and Immigration Services (USCIS) that the nurse’s education, license and training are equivalent to education, license and training in the U.S. (currently, the CGFNS through its division, The International Commission on Healthcare Professions, is the only organization approved by USCIS to administer this certification process). This requirement is called the VisaScreen Certificate.

Foreign registered nurses who work in the United States come in three categories: (a) those with H1B visas, (b) those with H1C visas, and (c) those petitioned as third preference employment-based immigrants (EB-3).

H1B Visa

The H1B visa program, which has a current allocation of 65,000 visas per year, allows foreign professionals to work in the U.S. for a limited duration. In this visa category, a U.S. employer offers a job to a foreign professional that requires a bachelor’s or higher degree, or its equivalent as the minimum entry requirement. For years now, many Filipino professionals, such as accountants, engineers, computer programmers, and teachers have obtained H1B visas to work in the U.S.

Surprisingly, there is a problem for nurses getting H1B visas. The USCIS applies a different rule for nurses. The USCIS (guided by a determination by the U.S. Department of Labor, as published in the Occupational Outlook Handbook) says that there is no industry-wide standard that a nurse needs a baccalaureate degree to perform the duties of a professional registered nurse. In many states, a nurse can obtain a professional registered nursing license after completion of only a two-year program and successful passage of a state licensing examination. Thus, according to the USCIS, foreign nurses are not eligible for H1B in general RN positions.

In a memorandum it issued four years ago, the USCIS toned down its hard stand on foreign nurses. It said that while general RN positions are not H1B eligible, nurses in the following positions qualify for H1B: (1) Advanced practice nurses, (2) Nurses in administrative positions, and (3) Nurses in certain nursing specialties. Thus, nurses who wish to obtain H1B visas have to be petitioned only in those three RN positions, but not in general RN positions.

H-1C Visa

Nurses can also apply for H1C visas. In 1999, U.S. Congress passed the Nursing Relief for Disadvantaged Areas Act. The law created the H-1C visa category that allowed foreign registered nurses to work in the United States for up to three years in certain health professional shortage areas. The law allows up to 500 nurses per year, with each state limited to only 25 H-1C nurses. This category is open to general RN positions.

The H-1C visa program expired on June 13, 2005. However, effective December 20, 2006, it has been “reauthorized” (meaning, it is open again) for another three years until December 20, 2009.

Third Preference Employment-Based Immigrant Visa (EB-3)

Unlike the H1B and H1C, which are nonimmigrant visa categories and therefore temporary, the third-preference employment-based immigrant visa allows foreign registered nurses to work and live in the United States indefinitely- they become U.S. lawful permanent residents or “Green Card” holders.

Getting employment-based immigrant visas for registered nurses is quicker compared to other professionals. The reason is, they are exempt from the rigorous Department of Labor’s certification process. Registered nurses, under current regulations, are pre-certified; this means, the employers who want to hire registered nurses do not have to recruit and test the labor market for qualified citizens or permanent residents. The employer hospitals or nursing homes can right away petition for foreign registered nurses, sans the hassle that attends the process for other foreign workers.

What’s the best visa option?

This is an often-asked question from nurses. The answer depends on one’s purpose in going to the United States. If it is simply to work: H1B or H1C is the answer. But, if one’s purpose is to work and live permanently in the U.S., then, for sure, E-B3 is the way to go.