PHILIPPINE NURSES CHOOSING TO WORK ABROAD

Philippines nurses seem to be choosing contract positions with an aim toward moving abroad.   ABS-CBN News reports that ACT-Teachers party-list Rep. France Castro questioned why there did not appear to be an increase in permanent (Plantilla) healthcare positions in the last year.

Rep. Angelica Natasha Co speculated that healthcare workers opt for temporary or contractual positions when they have plans to work abroad.  Last year saw one of the greatest numbers of Philippine nurses enter the US in many years, as the American nursing shortage continues to get worse.  As of 2021, about 300,000 Philippine nurses worked abroad.

FEBRUARY VISA BULLETIN: SLOW, STEADY PROGRESS. CAN IT CONTINUE?

The Department of State has just issued the February 2024 Visa Bulletin, which is the fifth of the 2024 US fiscal year.  This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

Employment- based	All Chargeability  Areas Except Those Listed	CHINA- mainland  born	INDIA	MEXICO	PHILIPPINES
1st	C	01JUL22	01SEP20	C	C
2nd	15NOV22	01JAN20	01MAR12	15NOV22	15NOV22
3rd	01SEP22	01SEP20	01JUL12	01SEP22	01SEP22

Table B: Dates of Filing

The USCIS is expected to use the Table B Dates of Filing chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

We were again encouraged to see slow, steady improvement of dates in most categories.  Philippine and All Other EB-3 moved ahead one month.  India EB-3 advanced one month.   We would not be surprised to see a few more small progressions this fiscal year in these categories.  China EB-3 unfortunately did not move ahead. 

There was modest progression of All Other EB-2 dates of two weeks, although India and China EB-2 remained the same as last month.

MAY 2023 VISA BULLETIN: EB-3 RETROGRESSION

The Department of State just issued the May 2023 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin 

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

 

EB	All Other	CHINA	INDIA	PHILIPPINES
EB-1	C	01FEB22	01FEB22	C
EB-2	15FEB22	08JUN19	01JAN11	15FEB22
EB-3	01JUN22	01APR19	15JUN12	01JUN22
Other workers	01JAN20	15APR15	15JUN12	01JAN20

Table B: Dates of Filing

The USCIS is expected to use Table A: Final Action Dates chart for I-485 employment-based filings. A Beneficiary must be current on the above Table A chart in order to file their I-485, Adjustment of Status applications. See: USCIS Visa Bulletin Dates

MU Law Analysis 

The May 2023 Visa Bulletin retrogressed Philippines and Worldwide EB-3 to June 1, 2022.  This means that unless the Beneficiary has a priority date earlier than June 1, 2022, they will unfortunately not be able to proceed with a visa appointment.  MU Law expects that this June 1, 2022 date will not progress until at least October 1, 2023.  The October 2023 Visa Bulletin, which should be released by the State Department in mid-September 2023, will be the next time that we may see forward movement in the EB-3 category. 

On the good news front, China EB-3 actually progressed five months to April 1, 2019.  China EB-2, India EB-3 and India EB3 remained unchanged.  Philippine and ROW EB-3 Other Workers, which is the category for occupations such as Nurse Aides, remains retrogressed but held steady to January 2020.

DOS: NO EB-3 PROGRESSION UNTIL AT LEAST UNTIL MAY OR JUNE

The Department of State’s Visa Bulletin guru, Charlie Oppenheim, hosts monthly meetings with the American Immigration Lawyers Association.  Mr. Oppenheim is the Department of State’s Chief of the Control and Reporting Division. He is the officer who is responsible for producing the Visa Bulletin each month.

Charlie offered a number of interesting observations about the March Visa Bulletin, which resulted in a retrogression for EB-3.

-Because of the potential for USCIS to move resources to EB-1 and EB-2 and the unpredictability in processing times that will be caused by such a resource allocation, Charlie does not expect any forward movement to the EB-3.  The absolute earliest would be the May 2020 or June 2020 Visa Bulletin, but EB-3 could remain at January 2017 until the end of the fiscal year.  Charlie did assure readers that

-While it is expected that the implementation of the public charge rules may slow USCIS processing times, any potential slowdown at USCIS has not been factored into the March Visa Bulletin.

-DOS was not surprised that the retrogression happened in March, in spite of the January and February progression of dates in some EB-3 categories.  DOS wanted to wait until it was certain that the increase in demand was not showing any signs of decline.

STRATEGIES FOR DEALING WITH THE EB-3 RETROGRESSION

The March 2020 retrogression of EB-3 has significant consequences for those who are in the immigrant visa process.  It is expected that between March 1 and September 30 of this year, immigrant visas/green cards will only be issued to immigrants who have a 2016 priority date or earlier.  When the first bulletin of the next fiscal year is released in late September, we expect the Rest of World EB-3 to return to current and the Philippines EB-3 to have a roughly 18-24-month retrogression.  

Below are strategies for EB-3 immigrant applicants in various stages of the immigrant visa process:

Immigrants who will be adjusting status

USCIS has indicated that the dates for filing chart can be used in March. This means that the I-485 can only be filed if the immigrant has a priority date earlier than January 1, 2019.  This applies to both Filipino and Rest of World immigrant applicants. 

Immigrants currently at NVC phase with fee bill

If the applicant has already received fee bills, then the case can continue to be processed until the documentarily qualified notification is received from NVC.  An embassy interview will not be scheduled until the immigrant’s priority date is current under the final action chart which for March is January 1, 2017.  This applies to both Filipino and Rest of World immigrants.

Immigrants with approved I-140 but no fee bill

Immigrants should only receive the fee bill if the priority date is earlier than the date for filing of January 1, 2019, only we often see the NVC issue fee bills to those who have priority dates later than the dates of filing chart.  Those immigrants with 2019 and 2020 priority dates will receive a letter from NVC explaining that the case cannot move forward and a fee bill issued until the priority date is current under the date for filing chart.  Rest of World immigrants will continue to receive fee bills and be able to proceed through the NVC process but will not be able to receive an embassy interview until current under the final action chart.

Immigrants with embassy interviews scheduled for March

We expect these interviews will be rescheduled by the Embassy or Consulate until the priority date is current under the final action chart.

WHAT DOES THE PHILIPPINE AND WORLDWIDE RETROGRESSION MEAN FOR EB-3 VISAS?

The March 2020 retrogression of the EB-3 category means that the US government has "overshot" their usage of visas in Fiscal Year 2020 (Oct 2019 - Sept 2020).  In order to remedy this, the government retrogresses the visas, which serves as a pause on the issuance of new visas.  The Philippine EB-3 date retrogressed because of increasing demand for Worldwide immigrant visas.  The Worldwide cut-off date can never be less favorable than any other country’s date.

This happens every few years.  Visa approvals will slow or stop starting in March, until the end of the fiscal year in September.  In October 2020, new allotment 140,000 visas are released into the system.  There is a chance that more visas are released into the system before the end of the Fiscal Year because, from time to time, the government's pause has its intended effect and more visas can be released before year-end.

If you are in any part of the visa process and you do not have your visa issued before March 1, 2020, your case will be held in abeyance at the Embassy or NVC, unless you have a priority date earlier than January 1, 2017 (Worldwide and Philippines).