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AELMIK

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    DOS Announces Four Tiers Of Immigrant Visa Prioritization

    in US Immigration News and Discussion

    Posted

    Just now, AELMIK said:

    More bad news for us waiting for an immigrant visa:

     

    Department of State Announces Four-Tiered Approach for Immigrant Visa Prioritization at Consulates and Embassies Worldwide

     

    [COLUMN] DOS Provides Update On Immigrant Visa Prioritization

    Oops, I forgot to link the sites. Here you go.

     

    https://www.visalawyerblog.com/department-of-state-announces-four-tiered-approach-for-immigrant-visa-prioritization-at-consulates-and-embassies-worldwide/

     

    https://www.asianjournal.com/immigration/immigration-columnists/column-dos-provides-update-on-immigrant-visa-prioritization/

    DOS Announces Four Tiers Of Immigrant Visa Prioritization

    in US Immigration News and Discussion

    Posted

    Department of State Announces Four-Tiered Approach for Immigrant Visa Prioritization at Consulates and Embassies Worldwide

     
    Quote

    Immigrant Visa Prioritization

    Last Updated: April 30, 2021

     

    As noted in our recent visa services operating status update, the Department of State is committed to sharing the current status of our worldwide visa operations.  As part of that effort, we would like to provide more details regarding how our embassies and consulates are prioritizing immigrant visa applications as the Department works to reduce the backlog of such applications resulting from travel restrictions and operational constraints caused by the global COVID pandemic.

     

    The health and safety of our personnel, U.S. citizens seeking assistance abroad, individuals seeking immigration benefits, and local populations is paramount.  Posts that process both immigrant and nonimmigrant visas are prioritizing immigrant visa applications while still providing some nonimmigrant visa services.  However, the volume and type of visa cases each post will process continues to depend on local conditions, including restrictions on movement and gathering imposed by host country governments.  In addition, consistent with U.S. government guidance on safety in the federal workplace, U.S. embassies and consulates have implemented social distancing and other safety measures, which have reduced the number of applicants consular sections are able to process in a single day.  Consular sections will resume providing all routine visa services as it is safe to do so in that particular location.

     

    The petitioners and applicants in the immigrant visa process are more than just numbers.  We acknowledge the stress and hardships they have borne during the past year of reduced operating capacity as a result of COVID and necessary measures taken to protect health and safety or to comply with local requirements, as well as COVID-related limitations on their travel or visa issuance.  We also recognize the importance of each immigrant visa category.  However, during the pandemic the Department has been forced to make difficult decisions regarding how our consular sections should prioritize immigrant visa applications as they operate at limited capacity and as they work through a backlog of immigrant visa cases once they resume full operating capacity.  The guiding principle on which we have based immigrant visa prioritization is that family reunification is a clear priority of the U.S. Government’s immigration policy, a priority is expressed in the Immigration and Nationality Act (INA).  Specifically, the Department’s prioritization relied on clear direction from Congress that the Department must adopt a policy of prioritizing immediate relative visa applicants and K-1 fiancées of U.S. citizens, followed by family preference immigrant visa applicants.    

     

    Consistent with those objectives, U.S. embassies and consulates are using a tiered approach to triage immigrant visa applications based on the category of immigrant visa as they resume and expand processing.  While our consular sections, where possible, are scheduling some appointments within all four priority tiers every month, the following lists the main categories of immigrant visas in priority order:

     

    • Tier One: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), and certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government)
       
    • Tier Two:  Immediate relative visas; fiancé(e) visas; and returning resident visas
       
    • Tier Three: Family preference immigrant visas and SE Special Immigrant Visas for certain employees of the U.S. government abroad
       
    • Tier Four: All other immigrant visas, including employment preference and diversity visas

     

    Many embassies and consulates continue to have a significant backlog of all categories of immigrant visas.  This prioritization plan instructs posts to maximize their limited resources to accommodate as many immediate relative and fiancé(e) cases as possible with a goal of, at a minimum, preventing the backlog from growing in these categories and hopefully reducing it. However, the prioritization plan also instructs posts to schedule and adjudicate some cases in Tier Three and Tier Four each month.  The Department recognizes that visa applicants, particularly those in Tiers Three and Four, will face continued delays.  We further acknowledge that certain programs, including the diversity visa program, operate on a fiscal year basis as required by law.  The Department values the diversity visa program and is making every effort to process as many diversity visa cases as possible, consistent with other priorities, despite the severe operational constraints and backlog resulting from the COVID pandemic.  However, as a result of COVID the number of visas issued in lower-priority preference categories or in such programs as the diversity visa program likely will not approach the statutory ceiling in Fiscal Year 2021.   

     

    B2 Tourist Visa for NCLEX review and test in the US?

    in Tourist Visas

    Posted

    On 4/26/2021 at 12:48 PM, Jorgedig said:

    I recommend independently verifying the particulars of the intended state of residence.   The info for my state is incorrect:  we renew our licenses annually, not every three years.

    I think she's aware that there are different particulars for each state. I'll remind her to verify her intended state's requirements. Thanks.

    B2 Tourist Visa for NCLEX review and test in the US?

    in Tourist Visas

    Posted

    17 hours ago, nelmagriffin said:

    Hello,

    The best thing is let her decide as to what state and have her directly contact the board of nursing in that state.

    Also, I don think that she will be allowed to have a B2 visa and a have a short training course as there is a visa for studying, If I am not mistaken J1 visa. Also, she must be questioned using a visitors visa for the purpose of NCLEX testing when we all know NCLEX is only used for USA job, it defeats the purpose of B2.

    She is a nurse and America needs nurses, it is is expected that hiring is high esp. 2022 due to baby boomers. What she should do is contact an agency or if not have her documents ready, contact the board of nursing of the state that she wanted to have her license and follow through, it is always important to get the authorization to take the test or ATT, then she is free to take the test near her location. There are also companies that I heard that will hire nurses abroad and have them settle here ready to take the test, but not sure where to find this agency or if it is even true. As mentioned, that it is best if she contact the board of nursing and have information directly. NCLEX, is not a difficult test at all. especially, if she is already a nurse. It brings back memories the very day I took the test. I have read that if it stopped on question number 75 then you are already okay, meaning you already satisfied with the right answers, So when I took my test, at the back of my mind I told myself " you better stop at question number 75" which it stopped. I also read that it will keep going until it satifies that you are okay. It is mainly SAFETY, PRIORITIZATION, AND THE BASIC KNOWLEDGE OF NURSING TO MAKE SURE THAT ONE ATTENDS THE PERSON WHO NEEDED MORE ATTENTION BASED UPON THE FACTS THAT IT IS PRESENTED. 

    I thought the J1 visa is for students who want to enroll in degree courses in colleges or universities. It's only a 35-day review course and the classes will be held in a hotel I think, and she won't be earning a degree. It's just a short course which is applicable to a B2 visa, isn't it? 

     

    If she passes the NCLEX, she will use it to apply for a job in the US which would entail a different visa, not the B2 visa. I think she's already familiar with the NCLEX application process. I'll relay to her everything you posted. I appreciate your help. Thanks again.

    Does NVC automatically convert F2B to F1 once the petitioner becomes a citizen?

    in Bringing Family Members of Permanent Residents to America

    Posted

    18 hours ago, arken said:

    If you already have the case number, your mom can email NVC to convert your case to F1 by sending a copy of her naturalization certificate. No need to wait for welcome letter.

    Thanks. I was advised to do the same and not wait for the Welcome Letter anymore. I (petitionee) was the one who made an inquiry at NVC. The notice to convert to F1 will come from the petitioner. Two different and separate concerns.

    Does NVC automatically convert F2B to F1 once the petitioner becomes a citizen?

    in Bringing Family Members of Permanent Residents to America

    Posted

    Hello, everyone. I'm a beneficiary of an F2B petition, and my PD became current in the Application Filing Chart last month. I haven't received my Welcome Letter yet, so I still haven't started applying online on the CEAC. I have already made a follow-up inquiry on the NVC Public Inquiry Form last week, and I'm still waiting for their reply as to when I can possibly get the letter.

     

    My mother, the petitioner, hasn't received a letter either. She became a citizen last month, about the same time my PD became current for filing. The Welcome Letter is already delayed, because my cousin (another F2B petitionee) whose PD is later than mine had already gotten hers. Her petitioner remains an LPR and has no plan of becoming a citizen.

     

    Is it possible that the letter is delayed because NVC automatically changed my preference category from F2B to F1? But it says on the state website that the petitioner still has to show proof of her citizenship to make it official. She hasn't submitted any proof to NVC yet, and she's waiting for her passport to arrive. I actually intend to convert to the faster F1 once I get the Welcome Letter.

     

    We decided to wait for NVC's reply first, before we officially convert to F1, so as not to complicate things. Or is this a bad move? Do we need to submit a proof of citizenship now, or just wait for the Welcome Letter to arrive then make it official?

     

    Please let me know what you think. I'm eager to start the process. I don't want to make costly mistakes that would delay it further. Thanks again.

     

     

     

    B2 Tourist Visa for NCLEX review and test in the US?

    in Tourist Visas

    Posted

    5 hours ago, nelmagriffin said:

    Greetings!

    You may want to read the attached reference link below.

    1.  Check the requirements in each state.

    2. If you have the training outside the USA then you have to have a CGFNS certificate along with all school credentials that meet the requirements of the state that you wanted to have a license. Remember, that not all state are memebrs of Nurse Licensure Compact.

    3. Once the board of nursing approved your application  then you will receive the authorization to test or ATT.

    4. You can call any pearson center and schedule your test.

     

    Read the attached link below and see the requirements in each state. The most common requirement aside from school credentials is  the CGFNS certificate for a foreign trained nursing student except Canada.

     

    Reference: Breakdown of RN Nursing Requirements By State | NurseJournal

    Reference: CGFNS International, Inc. - Nursing Credentials Evaluation

     

    Additional informtion:

    Reference: Compact Nursing States List 2021 | Licensure Map (nurse.org)

     

    What are Nursing Compact States?

    The Nursing Licensure Compact (NLC) is an agreement between states that allows nurses to have one license but the ability to practice in other states that are part of the agreement.

    Originally developed in 2000, by 2015 the license had grown to include 25 states. To help streamline the process for nurses the Enhanced Nursing Licensure Compact (eNLC) was implemented in 2018 and included standards for licensure which the originally compact license was lacking.

    For example, the NLC did not require applicants to undergo state and federal fingerprint-based criminal background checks, whereas the new eNLC does.

    Nursing Compact States (eNLC Members)

    Here’s a comprehensive listing of all states currently impacted by multi-state compact licensing.

    1. Alabama 
    2. Arizona
    3. Arkansas
    4. Colorado
    5. Delaware
    6. Florida
    7. Georgia
    8. Idaho
    9. Indiana 
    10. Iowa
    11. Kansas 
    12. Kentucky
    13. Louisiana (Registered Nurse and Practical Nurse)
    14. Maine
    15. Maryland
    16. Mississippi
    17. Missouri
    18. Montana
    19. Nebraska
    20. New Hampshire 
    21. New Jersey (*New Jersey is allowing nurses who hold active, unencumbered, multi-state licenses issued by Nurse Licensure Compact member states to practice in New Jersey under their multi-state licenses.)
    22. New Mexico
    23. North Carolina
    24. North Dakota
    25. Oklahoma
    26. South Carolina
    27. South Dakota
    28. Tennessee
    29. Texas
    30. Utah
    31. Virginia
    32. West Virginia (Registered Nurse and Practical Nurse)
    33. Wisconsin 
    34. Wyoming

    Twenty-four of the original NLC states have enacted the eNLC or have pending legislation. Twelve additional states and Guam have pending legislation waiting for approval before joining the eNLC. For the first time, California and Washington both have pending legislation to join the eNLC. As of March 1, 2021, there are currently thirty-four states part of the eNLC. New Jersey has partial implementation as discussed below.  

    Thank you for this. 

    B2 Tourist Visa for NCLEX review and test in the US?

    in Tourist Visas

    Posted

    12 hours ago, African Zealot said:

    There’s no need to get alarmed about the information you’re getting. An Italian nurse without delving further into her circumstances will have very very low odds of getting a B1/B2 visa denied, barring something really disastrous. The refusal rates for Italians are quite low around 15% and I suspect most of those already had problematic cases and refused ESTA which is why they applied for visas.

     

    if she needs more than 3 months she should go ahead and apply for the visa and not force fit into the ESTA. If however 3 months is enough, it wouldn’t make sense to risk a visa application and refusal.

    It's really up to her to make the decision. I can only give her advice based on what I gathered here, as well as from other trusted sources. Thanks.

    B2 Tourist Visa for NCLEX review and test in the US?

    in Tourist Visas

    Posted

    9 minutes ago, Jorgedig said:

    It’s not just a job offer she needs.   She would need to be petitioned by an employer for a work visa, and approved.

     

    She certainly doesn’t not need to be in the US to enroll in a review course and take the exam.

    I forgot to mention the employer petition. She will only go back to the US to work if she meets all the requirements.

     

    She's planning to enroll in a live course (sit-in class) instead of an online course. She can go elsewhere, but her sibling who is also a nurse can help her with the review. That's why she opted to go to the US, provided she gets a B2 visa first.

    B2 Tourist Visa for NCLEX review and test in the US?

    in Tourist Visas

    Posted

    3 hours ago, milimelo said:

    She doesn’t need B2, she can use ESTA/VWP. 

    Thanks. That's only for 90 days, and that's what she used back in 2019. She's planning to stay a little longer but not longer than 6 months, in case she needs to retake the test. It's more beneficial for her to review and take the test in the US. That's why she's planning everything, including a Plan B if she fails at first.

    B2 Tourist Visa for NCLEX review and test in the US?

    in Tourist Visas

    Posted

    Hello, everyone. I'm hoping to get a sound advice as to how someone can enroll at an NCLEX review center and take the test afterwards in the US. The applicant is an Italian citizen who is in Italy right now, and had been to the US before in 2019. She spent a month vacationing with her teenage son, and visiting her parents and sibling in the US.

     

    She wants to go to the US to enroll at an NCLEX review center for a 35-day review course, spend some more time studying and reviewing at her sibling's house, then take the test. If she passes, she intends to go back to Italy first to take care of things with her family, then go back to the US once she's ready to work. NCLEX is required for foreign-graduate nurses who want to get employed in the US.

     

    In the event that she fails the test, she can retake it after 45 days. And while waiting to retake the test, she'll be studying and reviewing again. Both in the US as well.

     

    Can she do all these with a B2 Tourist Visa? Is there any other visa for this kind of setup? How long can she stay in the US to study and review for the NCLEX? I'd appreciate your input.

     

     

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