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Department of State to End Mail-In Visa Revalidation Program
The U.S. Department of State ("DOS") recently confirmed that it will not accept applications for visa revalidations (for classifications C, E, H, I, L, O, and P) after July 6, 2004. There have been rumors that this date will be extended until July 16, 2004, but DOS has not yet confirmed any extensions.   

Despite numerous requests for the DOS to retain a full revalidation service (despite a significant increase in processing times, rejections, and denials), the DOS cites a lack of capacity/resources as well as the upcoming biometrics requirements as justification for terminating the existing program.  As noted in our May 2004 bulletin, the DOS is under a Congressional mandate to obtain biometric identifiers (fingerprints and a digital photograph) from all visa applicants by October 26, 2004.  Biometric identifiers can only be obtained when an applicant appears in person, which is not possible through the DOS’s mail-in revalidation program.  The DOS chose July 16, 2004, as the cutoff date so that processing of all pending applications could be completed before the October biometrics deadline.

The DOS is expected to issue additional guidance on this matter by the end of June, and we will, of course, forward any details as soon as they are received.  Please note that all revalidation applications submitted before the cutoff date will be processed normally.  As a result, we again urge all clients considering filing a visa revalidation application to contact us immediately to discuss the available options.

H-1B Usage for Fiscal Year 2005
The U.S. Citizenship and Immigration Services recently announced that, as of June 1, 2004, 16,100 H-1B petitions subject to the fiscal year 2005 cap, i.e., effective as of October 1, 2004, have been approved.  As noted in previous bulletins, there are currently only 65,000 H-1B visas available per fiscal year.  Therefore, and as also noted in previous bulletins, please file all “new” H-1B petitions as quickly as possible so as to reduce the risk of a visa not being available.

Visa Screen for Foreign Registered Nurses
As of July 27, 2004, foreign registered nurses in a nonimmigrant visa status must present a Visa Screen Certificate to gain admission to the United States and/or to extend their existing status.  Visa Screen Certification requires, among other things, verification of a foreign registered nurse's education and foreign licensure.  Such certification also requires foreign registered nurses to pass an English language proficiency test as well as either a CGFMS (Commission for Graduates of Foreign Nursing Schools) qualifying exam or NCLEX-RN exam.  If a foreign registered nurse completed his/her education in English in Australia, Canada (except Quebec), Ireland, New Zealand, South Africa, the United Kingdom, or the United States, the nurse is exempt from the English language exam requirement, but not from the qualifying exam requirement.  A Visa Screen Certificate is valid for five years and, as noted above, must be presented at the nurse’s U.S. Consulate to obtain a nonimmigrant visa stamp and/or at the U.S. border to gain admission to the country.  In addition, foreign registered nurses must present a Visa Screen Certificate to their country's U.S. Consulate when obtaining permanent residence status, or to the U.S. Citizenship and Immigration Services when adjusting to permanent resident status.

Please note that, for at least six months, many U.S. hospitals near the Canadian border have been lobbying to postpone the effective date of the Visa Screen requirement as applied to nonimmigrants.  These, and many other, U.S. hospitals rely heavily on Canadian nurses in nonimmigrant status and fear that the Visa Screen requirement will complicate and/or delay their ability to enter the United States for work.  Various associations and U.S. lawmakers have already petitioned the Department of Homeland Security (“DHS”) to postpone the effective date of the Visa Screen Certification requirement until October 1, 2005.  However, DHS has not yet publicly responded to these requests and, for now, the Visa Screen Certificate requirement will take effect on July 26, 2004.

As always, we will continue to monitor these developments and will bring you news of any changes in the law or its application as we become aware of them.  Please do not hesitate to contact any member of the Cohen & Grigsby Immigration Department with questions regarding the above.