Many of you know that The Immigration and Nationality Act sets limits on how many green card visas may be issued each Fiscal Year (October 1 through September 30) in all visa categories. In addition, in the employment-based area where immigration is based on employment and not family relationships or investment, nationals of each country may obtain immigrant visas (i.e., a green card), in different preference categories (i.e., EB-1, EB-2, EB-3). The law further provides that no one country may have more than a specific percentage of the total number of visas available annually. If these limits are exceeded in a particular category, for a particular nationality, a waiting list is created and applicants are placed on the list according to the date of their case filing ("quota backlog"). This date is called a "Priority Date." The priority date is the single, most important, factor in any immigration case.
 
For the month of May, The Department of State Visa Bulletin shows that EB-3 visas for professionals, skilled, and unskilled workers are "unavailable". Visa availability in this category will resume in October, the first month of the new fiscal year.
 
The Department of State explains that "The cut-off dates for the Employment Third and Third preference "Other Worker" categories were held and then retrogressed in an effort to bring demand within the average monthly usage targets and the overall annual numerical limits. Despite these efforts, the amount of demand received from Citizenship and Immigration Services Offices for adjustment of status cases with priority dates that were significantly earlier than the established cut- off dates remained extremely high. As a result, these annual limits have been reached and both categories have become Unavailable" - for the next 5 months.  
 
Fortunately, Physicians fall in the employment-based second preference category (EB2), which is Current for all countries except for China mainland born and India.   For China and India the Priority Dates for the month of May did not change, they still are February 15, 2005 for China and February 15, 2004 for India.    Sadly, for China and India the"quota backlog" seems to be the norm and physicians from thesecountries who havefollowed all the rules of a very complex immigration system have no idea when they will get to be permanent residents in the U.S.      
 
We hope that this year congress passes a "comprehensive immigration reform" eliminating the Priority Date issues affecting not only thousands of physicians in the EB2  preference category, but millions of immigrants in the family-based and employment-based immigrant categories.   

In addition, the law would exempt physicians who have received J waivers and have worked in H-1B status for a minimum of three years from the EB-2 visa cap. The waiver of EB-2 visa cap would apply to J physicians who completed their three years of service in a medically- underserved area prior to the enactment of the law.

Finally, under certain circumstances, the number of waivers that a state could sponsor would be allowed to exceed the limit of 30 under present law. Given the current physician shortage in many rural and inner city areas, this increased flexibility is essential to insure that thousands of patients in these areas receive proper medical treatment.
 
Save America Comprehensive Immigration Act of 2009 (H.R.264)
 
This bill is currently pending in the senate.  

To view the full text, Click here.

 For the Senate Judiciary Committee, Subcommittee on Immigration, Border Security and Citizenship, official hearing notes, Click here.