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Heavy Visa Demand Puts Nurses in U.S. in Tight Spot

By Reuben S. Seguritan

May 19, 2010

The heavy demand for visa numbers in the employment-based 3rd preference category (EB-3) has resulted in the slow movement of its cutoff date. The June 2010 cutoff date is June 22, 2003. This means that only those beneficiaries whose priority date is before that date may be scheduled for an immigrant visa interview at a US Consulate abroad or may file for adjustment of status in the U.S.

The slow movement has created difficulties particularly for nurses currently in the U.S. who wish to adjust their status to permanent residency. They usually fall under one of three situations.

There are those who were able to file their adjustment applications before the retrogression but their applications were denied because they could not submit their Visa Screen certificates before the deadline set by the U.S. Citizenship and Immigration Services (USCIS). These nurses cannot lawfully remain in the U.S. and the employment authorization granted to them when they filed their adjustment applications is no longer valid.

There are those who have passed their licensure exams and have found employers willing to sponsor them for I-140 petition. Their I-140 approval will register them on the waiting list but once their nonimmigrant visa status expires, their presence in the U.S. becomes unlawful.

Then, there are those who have just arrived on a nonimmigrant visa, usually B-2, that is still valid. They may change to another nonimmigrant visa status such as F-1 student which is valid for the duration of their studies. They may also change to H-1B if they are certified as Advanced Practice Registered Nurses or are upper level Nurse Managers, and they may be able to stay here for another six (6) years, or longer if they have an approved I-140 petition and a visa number is not available.

Unfortunately for those who have overstayed their temporary visas, if they leave the U.S. because they cannot file their adjustment of status application, the 3-year/10-year bar will kick in and they can kiss their dreams of getting a job in the U.S. goodbye.

Under immigration laws, those who have overstayed their temporary visa for over six months but less than a year will be barred from reentering the U.S. for three years, while those who have overstayed for more than a year will be barred from reentering for ten years.

No one can determine how long nurses will have to wait for visa numbers. The formula for allocation of visa numbers is rather complex. We can only make an estimate. Nurses fall under the EB-3 category but this category also includes other professionals and skilled workers. EB-3 is allotted 28.6% of the 140,000 annual worldwide quota for all employment-based preferences.

There is also a per country limit of 7% of the 140,000 visa numbers. A country’s yearly allotment is increased if other countries do not use up their numbers. Each country is allotted 2,800 visas per year.

It is still hard to say at this point when Congress will get around to passing the immigration reform law that would ease the visa backlog. The Nursing Relief Act that has been introduced every year in the last several years and which would create a separate nonimmigrant visa category for RNs engaged in temporary work has not garnered enough legislative support. And the comprehensive immigration reform bill that would exempt nurses from the immigrant visa quota is still bottled up in the Judiciary committee.

PRESS RELEASE
May 26, 2010

REFERENCE: Rico Foz, Executive Vice President, National Alliance for Filipino Concerns (NAFCON),
email: info@nafconusa.org


SENTOSA NURSES' CIVIL CASE WON A PEOPLE'S VICTORY, BUT MANY MORE BATTLES AGAINST ILLEGAL RECRUITMENT AHEAD-- NAFCON

NEW YORK – On May 20, 2010, the New York Supreme Court through Judge Stephen A. Bucaria denied Sentosa Care’s motion for summary judgment for breach of contract against the Sentosa 27++ nurses and physical therapist. This gives the Sentosa 27++ nurses and a physical therapist an opportunity to be heard in a full blown trial.

Another highlight of the order was the decision of the court to nullify the enforceability of Sentosa Care’s claim for liquidated damages in a whopping fixed amount of $25,000 should the employee pre-terminates the contract. While US laws generally considers the liquidated damages clause valid, the anticipated damages must not be “plainly or grossly disproportionate to the probable loss” otherwise, the “liquidated damages clause is deemed to be a penalty designed to secure performance by compulsion and is, therefore, unenforceable”.


Ask for his reaction on the recent order, Mark de la Cruz, one of the beleaguered Sentosa 27++ nurses exclaimed: "This is definitely a 'gold' news to us, a big relief for our families as well, and a victory for all Filipino nurses aspiring to work here in the US".

The biggest winner in the same court order is none other that Fil-Am lawyer, Felix Vinluan.  His motion for summary judgment dismissing his case was granted. In 2006, it can be recalled that Atty. Vinluan, by taking the case of the health workers pro bono, was later charged criminally and civilly by Sentosa Care LLC for “tortious interference with contract claim” by allegedly advising the nurses to resign to favor another client of his.  In the absence of a physical contract between Vinluan and a third party as claimed, Judge Bucaria dismissed the allegations and “noted the attorney’s constitutional right to provide legal advice to his clients within the bounds of the law”.

“I would like to thank all those who persevered to support us/me. Our crusade is far from over. Let us continue to be together in this long fight until justice is fully served” said Vinluan.

Vinluan also made an appeal to the new Philippine government, “please put in place a monitoring system whereby all those contracts that pass the POEA are actually followed to the letter by the foreign employers”.

Rico Foz, the Executive Vice President of the National Alliance for Filipino Concerns (NAFCON), congratulated the health workers and Atty. Vinluan for their respective victories as he calls on all foreign educated nurses (FENs), regardless of nationality or former employers, who paid these onerous pre-termination penalties, to contact them through Atty. Felix Vinluan at (212) 643-2692 for a possible class action suit against their unscrupulous recruiters/employers and totally end this illegal practice.

"What the former Sentosa nurses faced at the hands of SentosaCare LLC is unfortunately a common practice—human trafficking-- that the Philippine government turns a blind eye towards because it is quite profitable," Foz continued. "But the example that the Sentosa 27++ nurses have set in courageously struggling for justice teaches all of us the true meaning of collective action beating unspeakable odds. Kudos." ###

Evidence-Based & More

From the American Association of Critical-Care Nurses

This is a portion of the electronic newsletter from Critical Care Newsline from the American Association of Critical-Care Nurses that will keep you informed on issues affecting nurses and the nursing profession.

June 4, 2010

 EVIDENCE NEJM study supports CPAP over intubation and surfactant in preterm infants
A randomized, multi-center trial, reported in The New England Journal of Medicine, May 17, supports continuous positive airway pressure (CPAP) instead of intubation and surfactant to treat preterm infants. Compared to infants who received surfactant, those on CPAP required less frequent intubation or postnatal corticosteroids for bronchopulmonary dysplasia and fewer days of mechanical ventilation. They were also “more likely to be alive and free from the need for mechanical ventilation by day 7,” states “Early CPAP versus Surfactant in Extremely Preterm Infants.”

 EVIDENCE Intraoperative NG tubes can prevent PONV in cardiac surgery patients
Using a nasogastric (NG) tube in patients undergoing cardiac surgery can reduce the incidence of postoperative nausea and vomiting (PONV), states “The Effect of Nasogastric Tube Application During Cardiac Surgery on Postoperative Nausea and Vomiting – A Randomized Trial” of 202 patients published online April 28 by the Journal of Cardiothoracic and Vascular Anesthesia. 


EVIDENCE Emergent ET intubations in children commonly increase complications
“Emergent endotracheal intubations are commonly performed in children, are two times more likely to occur off-hours, and are associated with three times the risk of complications as nonemergent intubations,” states “Emergent Endotracheal Intubations in Children: Be Careful If It’s Late When You Intubate,” a retrospective cohort study in May’s Pediatric Critical Care Medicine.

 EVIDENCE Consider extracorporeal CPR for some pediatric patients, a report recommends
Extracorporeal cardiopulmonary resuscitation (CPR) should be considered for some pediatric patients who don’t respond to conventional resuscitation techniques, states a report in May’s Pediatric Critical Care Medicine. “Outcomes Among Neonates, Infants, and Children After Extracorporeal Cardiopulmonary Resuscitation for Refractory Inhospital Pediatric Cardiac Arrest: A Report From the National Registry of Cardiopulmonary Resuscitation” says 44 percent of pediatric patients treated with extracorporeal CPR survived to hospital discharge.

EVIDENCE Target ranges of oxygen saturation in extremely preterm infants
A randomized trial in The New England Journal of Medicine, May 16, found “a lower target range of oxygenation (85 to 89 percent), as compared with a higher range (91 to 95 percent), did not significantly decrease the composite outcome of severe retinopathy or death.” The abstract for “Target Ranges of Oxygen Saturation in Extremely Preterm Infants” adds the lower target range “resulted in an increase in mortality and a substantial decrease in severe retinopathy among survivors” — a major concern “since a lower target range of oxygen saturation is increasingly being advocated to prevent retinopathy of prematurity.” 


GUIDELINE Managing CIEDs in end-of-life and withdrawal therapy patients
On May 14, the Heart Rhythm Society released “HRS Expert Consensus Statement on the Management of Cardiovascular Implantable Electronic Devices (CIEDs) in patients nearing end of life or requesting withdrawal of therapy.” Written in collaboration with the American College of Cardiology, American Geriatrics Society, American Academy of Hospice and Palliative Medicine, American Heart Association and European Heart Rhythm Association, the statement includes a decision-making algorithm for withdrawing CIED therapies.


 Evidence
Preclinical studies show that induced hypothermia (IH) may save the lives of those with penetrating trauma with cardiac arrest, states “Induced Hypothermia for Trauma: Current Research and Practice,” published online May 18 by the Journal of Intensive Care Medicine. “However, its potential as a treatment in trauma is not as well defined,” notes the review article, which discusses potential benefits and complications of IH and emphasizes the “current state of knowledge and practice in various types of trauma.”

On May 7, the National Association of Nurse Practitioners in Women’s Health (NPWH) launched Estrogen Therapy I.Q. (ETIQ) — a campaign designed to provide credible information about menopause and estrogen therapy to women. ETIQ, supported by Upsher-Smith Laboratories, Inc., Maple Grove, Minn., grew out of an NPWH survey that found 78 percent of NPs thought their patients were “unaware of the variety of estrogen options available,” according to campaign information.

www.aacn.org

A Press Release

The 7^th International Nursing Conference

       “The Intersection of PRISM and Globalization: Uniting Worlds Apart”

The Philippine Nurses Association of America (PNAA), in collaboration with Philippine Nurses Association (PNA) and Association of Deans of Philippine Colleges of Nursing (ADPCN), has successfully concluded a 3-day International Nursing Conference held in Waterfront Hotel, Cebu City, Philippines,  last January 7-9, 2010. The convention is aimed at enhancing nursing partnership across the globe to address similar issues confronting Filipino nurses around the world. It also provided an avenue where best practices were shared from all fields of specialties so that Philippine nurses can become competitive with the knowledge, skills and perspectives in nursing practice within the international community.

The conference was well attended by nurses from the Philippines, United States and United Kingdom. Representatives from the Board of Nursing, and Deans from Philippine Schools/Colleges of Nursing were also present. The PNAA delegates headed by its President Leo-Jurado and his wife, Nini Jurado joined PNAA Chapters from all over the US.

From left to right: Dr.Teresita Barcelo, PNA President; Leo M.Jurado, PNAA President; Dr. Carmelita Divinagracia, ADPCN President; and Dr. Michael Duque, PNA-UK President.

Census 2010

Census Facts

Census 2010 kicks off in a remote place in Alaska called Noorvik, located 30 miles above the Arctic Circle, taken by the Census Bureau Director, Robert Groves himself, who arrived by dog sled on Jan 25, 2010 . The number one count goes to an 89-year old retired fisherman and sled dog trainer.

This is just the beginning of the national US Census of about 309 million people. Taken every ten years, it aims to take the real picture of American populace. The 10-question form is doable in just 10 minutes, depending on the literacy and physical condition of the respondent.

The U.S. Constitution mandates a count of everyone living in the United States to determine how many seats each state will get in the House of Representatives. Census data also is used to distribute more than $400 billion in federal money each year and to draw state and local legislative district lines.

Counting everyone in the country isn't cheap. The bureau will have spent $14.7 billion over a decade by the time the last person is tallied and the results are delivered to President Barack Obama on Dec. 31. "It is like a moon shot in its planning," said Groves, whose agency is already planning for 2020, when it hopes to start counting some people online.

Resource: http://www.sphere.com/nation/article/census-begins-2010-count-in-remote-alaskan-village/19331163 Jan 25, 2010 aol.com