An Open Letter to RNs & PTs from WorldWide HealthStaff Associates Ltd.
December 3, 2007 - As you know visa retrogression has now been ongoing for the past 12 months. During this same time several ultimately failed efforts were made with the U.S. Congress to end retrogression.
With no immediate end to visa retrogression in view, many RN and PT applicants with pending I-140 Green Card petitions are increasingly concerned about if and when they will be able to live and work in the U.S. In fact, some RNs and PTs are wondering whether they would be better off abandoning their existing U.S. applications to pursue opportunities in the U.K., Middle East, Australia, Canada or elsewhere. This is an understandable response as RNs & PTs are seeking better opportunities for themselves and their families.
We would like to share the following thoughts to help provide you with some direction and clarity in response to the uncertainty caused by visa retrogression.
There are optimistic signs that retrogression will end sooner rather than later.
• Legislation will again be introduced in December 2007 in the U.S. Congress that if passed would end visa retrogression for RNs and PTs.
• U.S. employers continue to invest in international recruitment. While it is true that some employers are taking a wait and see approach, many other employers continue to invest in international recruitment because of their staffing needs. In reality no employer would be spending money on international recruitment now if they did not believe that visa retrogression would end soon, yet U.S. employers continue to recruit. There are also several practical and moral issues you must consider.
• Getting to other Countries is more complex and will likely take longer than it may initially appear. For example, the option of Canada is not a simple matter. In order to work as a nurse in Canada, applicants must first submit their credentials for review and approval and then apply to write the Canadian Registered Nurse Exam. In short, it would likely take the better part of one year to get to Canada under the most optimistic of projections. Further, any employer who may sponsor you to Canada (you cannot get a visa without a sponsoring employer) or any other country would then expect you to remain working for them for at least two years. Accordingly, if your US visa was issued while you were in another country, you would be faced with the choice of having to breach your employer agreement, or run the risk of losing your US sponsoring employer and maybe even the US visa.
Now more than ever you must be on guard as recruiters make false claims about opportunities that may be available for you outside of the U.S. Under no circumstances should you ever pay any recruiter for their services.
• If you have a pending U.S. immigration application, someone has invested a significant amount of money in you based on your promise to work for them. Retrogression is not the fault of any employer or immigration attorney. Walking away from your commitment to your U.S. employer or sponsor is morally wrong and will ultimately undermine the creditability of Filipino and Indian nurses in the eyes of U.S. employers. A consequence of this happening is that U.S. employers will increasingly look to other countries for the main sources of international nurses.
If you are currently stuck in visa retrogression you are not alone. You are one of thousands of RNs and PTs in exactly the same position. Chances are very good that your sponsoring employer has joined together with influential groups like the American Hospital Association and the American Immigration Lawyers Association in lobbying Congress for a timely end to visa retrogression.
No one can say exactly when retrogression will end, but this is certain, it will end, and it will end in less than 4 or 5 years. Hospitals and nursing homes in the U.S. need this to happen just as urgently as you do. And when retrogression does end, the fact that you have a pending U.S. immigration application means that you will be among the first to receive a permanent residency visa.
Please contact your recruiter or sponsoring employer to discuss your thoughts and concerns. Communication is the key. Your recruiter may have some ideas of things you could be doing during the time of retrogression to best prepare yourself for the time that you will arrive in the U.S.
I am interested to hear what you think.
rhoppe@healthstaff.org