Visa Bulletin EB3 Retrogression May 2023

Hi everybody and welcome. Welcome to a special edition of Onwards and Upwards. Not in our usual time slot on a Friday. Today is Monday in beautiful California and my name is Tanya Freedman, the CEO of Connetics USA Nurses Recruitment Agency and I am your host today. Our topic today is retrogression. This is a topic that is very scary for many healthcare workers coming to the United States. I was just in the Philippines recently. I just got back last night. And I know that many people in the Philippines as well as all over the world are very nervous and very panicked by the word retrogression and what it means. So today, I am joined by our expert legal panel, who will be answering your questions about retrogression. What does that mean for you? How long do they think it's going to last? What is it mean? If you are at the I-140? Filing stage? What does it mean? If you are at the NVC stage? What does it mean, if you are at the consulate? There are a lot of questions already coming into the chat. So I'm gonna get started right away and bring in our expert legal panel. And they are going to be answering your questions, my desk is full of questions. And we're going to try and get through as many questions as we can. Right away. I'm also joined by Dr. Paul from the Lefora, who will be also sharing questions from Lefora. Our friends at the Lefora forum have many questions that are coming in as well. So both Paul and I will be asking your questions of the expert legal panel, and I'm gonna get started right away. And just one quick shout out. Before I do that, I want to wish Mike Hammond a very Happy belated birthday.

Thank you, Tanya. I look a lot older, more wiser. very distinguished. Thank you. Thank you. Alright, so let's get started. I'm going to start off by just welcoming Mike Hammond Chris Musillo and Denise Gavica comparer periods need no expert introduction. And as well as Dr. Nurse Paul from the Florida who are joining us today, Dr. Nurse Paul, I think if you want to put yourself on mute if you're not speaking, because there seems to be a little bit of noise interference. So let's start off with Mike, do you want to go ahead and explain to everybody what happened last week? Yeah, so the Department of State released the May visa bulletin, and the dates for the Philippines and for EB three rest of the world, as well as Mexico, moved from current, which was essentially no line no cue back to June 1 2022. So they moved back approximately 11 months from where we will sit as of May 1. And what this means is that depending on where you're at, in the case that I'm sure we're going to get to here in a little bit. Your case cannot be completed cannot go through certain process. Unless your priority date your spot in the queue precedes June 1 2022. So that is the short answer.

Okay. Thank you, Mike. And before we get into everybody's questions, I would like us to just explain a little bit more about that what the visa bulletin is all about. This is a topic that's very confusing for many healthcare workers around the world. Chris, you want to explain what the visa bulletin how it actually works? Right, so the visa bulletin comes out monthly, usually around the middle of the month for the next month. So we saw last week the visa bulletin came out. I guess it was Thursday, April 13. And so first, I think takeaway Tanya, is that actually, it's the Mae visa bulletin. And so everything we're going to be talking about here, actually does not take effect until May first and so from now, April 17 for about the next two weeks. We're actually working under the APR visa bulletin, which was released about 30 days ago in the middle of March. And what the visa bulletin is, is the US government is allowed or USCIS and the State Department are allowed 140,000 employment based visas each year. And if they receive more than 140,000 visa applications, the State Department is forced to retrogress the number of visas such that and I'm not going to get into the entirety of the calculation. But the key thing is that they're allocated through a US statute both by EB1 EB2 EB3 before, and if you five, and then they're also allocated by the country of birth of the applicant.

And so the dates that we see come up or the State Department's way over the subsequent month and ideally future months to sort of stagger these visas so that the 100. And ideally, the 140,000 visa is used in September, why September, because the US fiscal year runs from October to September. So ideally, they're producing or approving something like 12,000 visas in October, and November and December all the way to September, when the 140,000 visa is issued. If they move too fast, then the 140,000 visa may be issued in June or July or August. If they move too slow, which happened a little bit under COVID, than actually they get to September 30. And they have not used 140,000 visas. Again, without getting too technical. The law of provides tells us what happens with any of that excess. Okay, thank you, Chris. So that gives us clarification of what the visa bulletin actually is. It's a very confusing topic. But basically, it's saying that the numbers have run out right? Or the numbers are oversubscribed. To run out, I think is the best way. Sorry, Chris. Go ahead.

Yeah, so I was gonna say, I think it's important to know that they haven't run out, which is why the visa bulletin came out, for instance, with the Philippine and all other EB three of June 1 22. So we know they haven't run out, because we know I'm sure the rest of the panelists know as well, a number of our clients who have priority dates from May 22. And earlier. And so that's how we know they haven't ran out. But what we do know is that the government expects them to run out. And so it's only allowing those older cases to continue to move through this system. Okay, so this is why onwards and upwards is such a great tool for many nurses to learn the truth about retrogression and knowledge is power, everybody. So we're really so grateful to the needle expert panel for clarifying that it's expected to run out. And Denise, can you maybe share with the viewers? We have lots of viewers that are joining us from all around the world? What do you think is your prediction as to when it might become parent? There's a question we're getting from the chat. you unmute Denise?

Thank you, Tanya. It's very difficult to predict. I think everyone on the panel will agree it's difficult to predict when immigrant visas will become available again. But basically, the goal is to try to push the cases that are already in the queue as quickly as possible during the month of April, since there's still immigrant visas available this month. But as far as determining when historically, for example, in 20, I believe it was in 2020, there will be Immigrant Visas became available. Because a lot of the family in addition to the 140,000 that we already had, a lot of the family immigrant visas were transferred into the employment. So we've had wonderful months up until now. So what will happen is the fiscal year, as Chris mentioned, starts October 1. And we just basically have to track the trend and get a better idea as to how many immigrant visas are being requested or have been requested. But it's very hard to predict Tonya, so I apologize for not having that information. But I think with all the months to come, we will keep track of it. And when we see that the light is at the end of the tunnel and the light will be at the end of the tunnel at some time. We will let everyone know. Just don't lose hope. This has happened in the past and we have survived the visa retrogression and we will get back on track. Unfortunately, again, I can't predict exactly when though.

Okay. And I think that's fair, because nobody really knows 100% of winners gonna get back on track. But as Tony says we really need to make sure that we don't lose hope. And I think that this retrogression I think when people hear the word retrogression, it just becomes so terrifying because, you know, we had such a long retrogression many years ago. And Mike, how is this retrogression maybe different to what people experienced in 2008 2009 2010, that kind of timeframe in your opinion? Well, I think a couple of things. First of all in 2008 2009 Not only did we see retrogression, but we also saw economic conditions such that the demand shrunk, which meant that there was little appetite for any legislative corrective relief that would provide some relief. The reality is that we have been living off of the I guess, let's call it the only maybe positive benefit of COVID over the last three years, and that we have had in the employment category, a significant influx of immigrant visas. Without that we would have seen this type of retrogression, you know, several years ago. So the reality is their demand simply exceeds the supply. And when the demand exceeds the supply, then there is retrogression. I don't think we're gonna get to current again, I think that we have to understand that as long as the demand is at the level of supply or higher than we're going to continue to have a line form.

And the question is simply how long is the line. And if the line is as it is now, in the you know, 10 to 12 month mark, then we're going to see for candidates who are overseas little practical effect, because your path forward in the line is going to move along with the process of your case. So they run parallel, when the line gets to say, 18 months or so then we start to see a much larger impact. For people who are here in the US the answers are different, but for people overseas, I think the magic is in that under 18 months versus, you know, over 18 months, at least, that's my perception. Okay, thank you for clarifying that, Mike. And I think it's worthwhile just to, to mention that there was a study that came out from Becker's hospital review, that 800,000 more nurses plans to exit the US workforce by 2027. So the demand in the United States is so much higher right now than it ever was in the last retrogression. And as Mike said, you know, there could very well be an appetite for some legislation change, because there really has never been more demand for nurses in the United States they might be seeing right now. Doctor, doctor, nurse. Paul, do you want to comment on that of the demand that you're seeing in the United States right now as a nurse here in in the US?

Yeah, yeah, for sure. That's a real thing. I've worked in the bedside for a bit. Six years total. And every single day, like I said, in my past shows, every single day that I come in for work, there's not a day that we're not short staffed, and entire hospitals. So there's really a need more people are getting sick populations aging, we certainly need a lot of nurses and the pandemic change the landscape, a lot of nurses are leaving the bedside. So the demand is there. Yeah, the demand is definitely there. And I can definitely say, from the Connetics, USA perspective, Connetics USA are now part of AMN healthcare, as well as O’Grady Peyton, which is our sister company, who have been bringing in international nurses for many, many years, 1000s of nurses came have come through us through to the United States, and the demand is what I would say explosive. So there really is a massive demand right now. And in terms of the different phases of the green card, we have a graphic with the five stages of a consular green card. Chris, do you want to maybe just take us through these five stages? And just explain in terms of the kind of theory side, what would happen at each stage of the of the green cart? Now?

Sure, so. So the pre filing stage, there's a few components to pre filing. And it's best to think of them as there's some things that the employer the health system has to do or the staffing company has to do. And then there's things that the nurse herself or himself has to do from the employer side in the broadest sense, but they just have to file with the US Department of Labor in order to confirm what the prevailing wages for a nurse in that metropolitan area, and then the employer has to give notice to US workers about what that wage is. So that's the pre filing on the employer side, on the employee side, I think Most of the nurses know this but it's things like passing your NCLEX exam primarily, obviously graduating from a nursing school etc. The second step, which is finally immigrant petition is often called the I-140 stage. And so just like in stage one and stage two, none of this changes with retrogression. In fact, it is the filing of that I-140 stage that grants you your priority date. And so any nurse whose I-140 was filed before June 1 2022, they today are able to continue through to stages three, four, and five, if we can put that slide back on again, and I can talk about Okay, so the third one is the National Visa Center. So this is where your case will freeze or their stay until your priority date is current. Again, if you're before June 1 2022, you will move forward to the National Visa Center.

If you're after June 1, you will sit there until such time as your case becomes current, which is to say your project exceeds the date on the visa bulletin. And then steps obviously, with the National Visa Center, you move through the National Visa Center. Once your current the National Visa Center then works with the embassy in order to make sure that there's an immigrant visa number available for you the embassy or consulate. Then in stage four, set your set your interview. And then at the end of the interview, you're normally given a temporary green card and you're able to work with Connetics in order to schedule flight into United States and, and then your permanent green card comes, you know, usually a few weeks after you'd land to the United States, but of course you are a permanent resident, really once you get through the airport and your passport is stamped with the temporary visa stamp.

Okay, thank you, Chris. So we have a lot of questions in the chat. and up and up to this point. I know you have some questions as well from the Lefora forum. So we're going to now take as many questions as we can. So the first one is from Hussein, which stage will be affected by the retrogression in the EB three route. So those steps that Chris has just taken us through Denise, which stage of which stages are affected. So the stages that are affected are any of you who have who are at the National Visa Center stage of the process, or before so whether you're at the I-140 stage where the recording is either pending or approved, or you're at the National Visa Center stage of the process you will be affected by the retrogression. Also, for those of you who have interviews after April, you will also be affected by the retrogression until your priority date becomes current on the visa bulletin. Okay, thank you. So Diane is asking I have a priority date of June 2021. And, Mike, what advice do you have for Diane?

Since her priority date is prior than the priority date for May she is has no effect whatsoever on her. Okay, so Diane, you are one of the lucky ones and are not affected by the by the latest retrogression. And Leanna is asking, I just passed my NCLEX. And I'll be taking my IELTS Academic in May will it be advisable to proceed or just reschedule it to prevent it from expiring Chris? Right. So yes, unquestionably you want to take your NCLEX you want to get into the processing queue? You know, a few minutes earlier, when we were talking people were asking, you know, what does the future hold? And the answer, of course, is no one knows. But we do know one thing, which if you don't get your spot in the queue, which is to say if you don't file your I-140, then you can never be current. And the only way you can file your I-140 is to have passed your NCLEX. So from that vantage point, there's really nothing that should be changed. In fact, arguably, if anything, it's more critical to pass your NCLEX so that you can get into that processing queue.

Okay, and this is a question that I got, like many, many times over the last few hours is should I can I still be filed? So the answer is yes. Correct. You can still file an I-140 Because there's some misconception that you cannot file an I-140 with retrogression right in fact, not only can you still file an I-140 That is the only way to get into the cube. Okay, so Leanna you got to find an employer please apply to Connetics USA we have 1000s of open position at AMN we actually have six out over 6000 Open Positions right now. And so apply and we'd be happy to help you and get you filed. And doctor nurse Paul, do you want to maybe share one of the questions that you get one of the common questions you're getting from the forum? Yes. So for those that have interviewed dates on May, or June and their priority dates is beyond the first of June 2022, they're going to be affected? Should they proceed to medical, what happened to their medical what happened to their visa screen? Their requirements, are they going to be affected?

And I think, Denise, if you want to maybe take that question about the medicals. So it's again, it's unpredictable when the party dates will become current. Again, however, I am very, I always tell my clients to take all the steps that are necessary, even if the medicals expire, even if their visa screen expire. It's best to have everything ready so that if a party does become current, again, you don't have to scramble and try to get your medicals completed. It's my recommendation is take all the necessary steps, even when there's retrogression because we don't know when it will be lifted, and you want to be ready. So yes, I would go forward with my medicals. Okay, and do you want to maybe just give some clarity, Denise of how long the medicals are valid for? Thank you. I don't recall how long they're valuable. But I think there if someone else on the panel can help me with this time, because I don't recall how long the medicals are for are valid for no idea whatsoever. I think the medicals are valid for six months from the time it was done. Thank you. Thank you, doctor. Thank you. My appreciate you. That's what I was gonna say. We never get to the point that they bond is the tail on this question. If retrogression in the last 15 years or so you're very familiar about it.

And this is a this is a very common placement. I was actually in the Philippines last week, and set with one of our nurses. Her name was Michelle and she had to come up from Mindanao, do you have a medicals? Her priority date was July 6, which is my birthday. And I was like, Oh my gosh, I hope that's a lucky date for you. But as Denise says, We really don't know how things are going to evolve. So really, you're going to have to go ahead and if they do expire, unfortunately, you're probably going to have to do them again. And Mike Shan asking, I'm from India, and I am an RN looking for sponsorship vision is to asking about Indian nurses. Can you comment maybe on the Indian nurse situation as well? Yeah, unfortunately, there's nothing that it's changed with Indian, our nurses. The dates for India, EB3 is back in 2012, which is better than it has been, but it's still too far away to be viable. The legislation that's being talked about would provide some relief, whether it if it exempts our ends in total will then of course, there would be a pathway for Indian RNs. However, if it simply move things around on the board, it may not. But for right now, no positive news yet. The only chance would be from some red legislative relief. There's too many other Indian workers who are already in the US and already in the queue to provide any natural kind of relief.

Thank you, Mike. And there was a little bit of good news for Chinese born healthcare workers. The nurses correct, Chris? Yes, yeah, I know the Chinese did move ahead a little bit. The Chinese EB2 is all the way up to June of 2019. And the EB three is April 2019. So that's about a four year retrogression, which for China, EB3, going a bit off memory here, but that's got to be one of the more favorable processing times that I've seen in in China EB3 in a long time. Okay, so a little bit of positive light for Chinese born nurses, and Chan Charla is asking my priority date is June 23. Denise, any advice? You're unmute Denise. Denise, you're on mute. Thank you. I mean, so you don't hear the background, the air. So, even though your party date is huge, June of 2020 Denise did you say 2023? To 2022? June 23 2022. Three week short? Yes. Yeah. But we should. I mean, the main question is, is she already scheduled for her interview in the month of April? So if she's scheduled for her interview. If she's not, then she's, unfortunately, affected by the retrogression.

So, just a little bit of a longer wait, and colors from Jamaica. I'm currently awaiting a visa interview date. My priority date is September 6 2022. Given the retrogression, what does this mean, for me? My Chris, sorry. Yeah, I mean, it probably means that you're not getting a visa interview until the fourth quarter of this year, sometime after October. So, you know, I think if I were thinking about this, you know, from a timing perspective, it seems unlikely to me that we are going to see an EB3 Philippine or EB3 rest of world progression between now and the end of the US fiscal year, which is to say, I don't think it's going to be any better than June 1 2022. In the June, July, August or September, I could be wrong. Maybe it will move ahead a month or two? I doubt I'm wrong, but I could be. In fact, I do. I think what's much more likely is in one of those four future visa bulletins, that the visa bulletin actually moves back from June 1 2022. And moves back to, you know, I don't know January 1 2022. I wouldn't get too concerned about that. That's just simply, as I mentioned earlier, the June 2020 to date means that the US government has a lot of visas previous to June of 2022 that they are trying to work through. If it retrogress is further back, it just simply means that they worked through those visas. I do think come October, which is when the new fiscal year is we will see some progression in that date. How far is a bit of an open question, unfortunately.

Okay, thank you, Chris. So that gives us some idea of what to expect. And Adi has a question watching from Memphis, Tennessee, how does retrogression affect h one visa holders awaiting employers to start the EB three process? Denise. So if the if the applicant is physically in the United States with an h1 B, they can continue working indefinitely. They can renew their h1 B indefinitely while they're their immigrant visa case has already been the recording has already been approved. And retrogression impacts them as well, because they're no immigrant visas available for them to reach the final point of their permanent residence process and receive a green card. But at least they can continue working in the United States on that h1 B and renewing it until their party date becomes current. Okay, so they will still be invalid visa statuses correct as long as the incorrect continue. Okay, all right. So there you go. rd. And Dr. Newspoll. Do you want to maybe give us one of the other questions that you seeing from the forum right now? Yes. So there's also on questionnaire right now, but same question I'm going to ask that I got was two to one G. So their priority dates after June 1, but they have to do one G and now we're faster. And what's gonna happen to those two to one G's?

Chris, do you want to take that question? Yes. So if their priority date, Doctor Nurse Paul after June 1, unless they get their two to one G remedy then in that in the next week or two before May 1, then then they are not going to get their visa probably in the next four months for the reasons I mentioned a minute or two ago. Having said that they should unquestionably you know to some degree Tanya, and this I think is going to be a constant theme. On one hand, this retrogression is enormously important and it's frustrating and may change people's life plan. So for instance, if you were hoping to get your visa appointment this summer, now you may not get it until the end of this year into next year into 2024. So from that standpoint, I think it's important in terms of your life planning. From another standpoint, absolutely nothing changes. You still need to take the NCLEX you still need to get your English fluency you still need to pass your pass your English testing exam you need to get the visa to screen, if you get a two to one G, you need to timely respond to that none of that changes, there's no reason for any of that, for anyone to take any action that they would not otherwise take. I think the only thing is, is you want to set your mindset to say maybe instead of coming in six months, I'm going to come in about a year, and to constantly monitor that and refine that date when you might get your visa appointment. But in terms of steps, you have to take nothing changes.

If anything, this puts a slight bit of more pressure on because you are going to want to make sure that on the date, when your date becomes current, you're eligible to move through the process through the NVC process and through the embassy. So that if dates retrogress back, you're not sort of stuck like this two to one G person as if there's two to one G person, I don't know who they are. But if they received their two to one G in January, well, then they really should have made a priority of responding to it in January, it was February and they probably would have their visa already. So again, in my mind, the key thing is nothing changes from the Actions one has to take. If anything, this puts a slight bit more pressure on the only thing is a mindset change as to when I will be able to actually enter the United States. And it's not going to be 10 years, it's going to be three months or six months or nine months, I think. Okay, I love that you said that, Chris, because I think that that is really, from my side, the biggest takeaway that we really want to share with, with the nurses that all watching right now, the nurses, med techs, etc, that are watching right now is that the process is the same, nothing changes in the process. If you need to take the English exam, take the English exam. If you are working on your NCLEX and need to be filed, take your NCLEX pass your NCLEX so that you can make sure that you are in the queue in the line for a green card.

Nothing changes, it just means that it makes life a little bit more complicated. Unfortunately, for many people, because maybe you are planning to resign at a certain time, maybe you are planning your medicals at a certain time, they might expire that can have financial implications for us. So unfortunately, it does make things a little bit more complicated and a little bit more frustrating because it's already a frustrating process or it can make it more frustrating. But really adjusting your mindset is the biggest issue and also not to panic. People hear the word retrogression and it makes everyone's shaking. I mean, you know the fever pitch in the Philippines when I was there last week was like, like everyone is like, pulls Dr. Paul nodding his head. Everyone is like, you know, just freaking out. So I think the message is just to be calm, carry on with the process and just know this is going to be a delay, and hopefully nothing more than that. Fred is asking I'm a Canadian citizen, can I apply for the TN visa while waiting for my EB three? Denise?

Absolutely, absolutely. And for those of you who are Canadian permanent residents of Canada apply for the citizenship so that you can qualify for the TN it is the easiest way of entering the United States and working with an employer. For those of you who are not familiar with a TN it's a visa classification that allows non immigrant workers from Canada and Mexico to enter the United States and work as a non immigrant worker. Canadians simply have to cross the border with a letter from the employer their credentials, evidence that the company exists, that they've made an offer and their Tn is automatically activated as soon as they arrived to the United States. And then for those that are Mexican nationals, they go to the US Consulate request or TN Visa, and enter the US and then at that time they can start working on the team. So I highly encourage for those of you who are us, not sorry, Canadian citizens to apply for the team. Thank you so and every sale, I would definitely encourage you to look at the Connetics USA website, as well as our YouTube channel and our social media. We have a whole show on the TN visa. What are the steps that are required? We have a guidebook on the TN visa. So if you or anyone is qualified to obtain a TN Visa, then I highly encourage you to look at that. And that can give you a lot of information about how that process works. And Mary Nora is asking good day I'd like to ask if I'm already in several documents can I proceed to DQ even with retrogression Mike.

Yeah, no the NVC stages. I think it was stage three on the chart you had up there earlier Tanya is where the hold happens. So if you are not current or close to being current, they don't expect you to be current, then you will not move through with it at the NVC process of wherever you're at now is where you're going to kind of sit. But that says, what happened, that doesn't mean that you don't respond and provide whatever information they're asking for, you still do that, so that you've done everything you can do. So when that is released, that they will move you to the next stage. Okay. And I think the main message here really is those things that are out of your control, like the government processing time is out of your control, those things that are in your control, Mary, nor like providing the civil documents, those are the things that you continue to do. And Dr. Nurse Paul, do you want to maybe go ahead and ask another question that you seeing in the fora? Yes. Another question is what happens to those follow to join with whichever priority dates that are beyond the June 1 2022 retrogression date? Chris, you want to maybe take that question?

Yeah, no, that's an excellent question. And the unfortunate reality is they will not get a visa if their follow to join after June of 22. Until such time as the priority date becomes current. So again, they do have two weeks, so maybe they get something in the next two weeks. But outside of that, they will so if their priority date is I don't know, September 1 2022. They will need to wait until a visa bulletin is produced that has a date later than September 1 2022. Okay, so that can be a little difficult for families where we're waiting for family members to join them. But unfortunately, this is something that would be out of our control. Rowan is asking I filed last February this year, but with priority date, in my Notice of Action from my previous Petitioner dated 2003. What would be my scenario, Denise? Well, that falls under the concept of preserved party date. If your party date is before June of 2022, and that prior filing, then you would still be current, you can preserve that party date and it's a date prior to June of 2022. So you would still be eligible for an integral.

So Rowan would basically just go through the normal process, right, Denise? Absolutely. Wanted to mention Sorry, I was looking at the dates back in September of 2019. And the visas back then retrogressive July of 2016 and October, in October, we're back in 2017. So while it's terrible to retrogress at least, we're not as bad as back in 2019. So 2016 2022 is definitely also definitely also not as bad as during my time where it was retrogressive. 2002 And it was the year 2012. Yeah, that's true. So that's, I think, important for everybody just to kind of keep in perspective. And Marcel is saying I have my interview date already, but my PD is September 2022. Mike, what's going to happen for Marisol? Well, hopefully for Marisol if she's already had her interview date, and there's not a 221(g) she can be have her visa issued in the next two weeks. If not, she will be waiting until October at the earliest. In my opinion. I agree with Chris, that the dates are not going to move forward between now and then. So it'd be October before she would expect to be stamped the fact you've had an interview does not lock your date in to it's only the visa issuance that actually locks you in.

Yeah. And that's where we've actually seen some of the consulates have actually canceled those interview dates. So notice how that you know if that happens, it will probably be October going forward. And Dan is asking how early could the retrogression end. And what had the previous trends Connetics USA seen regarding retrogression could it end as early as June of this year? Chris, I know you've given your prediction. You think that? So a couple of things one, no, it will not end by June of this year. I feel confident in saying that. To my mind. The retrogression is probably never going to end that's not as dire as it sounds. But there may always be well there's currently what a nine month retrogression it may expand to a year it may expand to a year and a quarter. I doubt it will ever get up to where the Chinese and it Indian dates are. But again, the key thing is, don't expect it to move forward, expect to add a few months on to it monitor it regularly. But other than that, just keep doing the important things which is taking your NCLEX and passing and TOEFL and all of these things. But it's not going to end it. The only it would end is if we're International Workers stopped wanting to come to America, which probably isn't going to happen. You know, Mike said something earlier, worth repeating, which is that this retrogression that we're seeing now, we probably would have seen two or three years ago, but for COVID.

Yeah, that's a very valid point. And the other reason that it might end or change process if there's some legislation change? Well, that's a good point. Yeah, if there's a legislative change. And there are some things that are being worked on, but I don't want to under promise anything, yet, we're still not finished with the exact strategy. And there may be more than one strategy. Hopefully, we'll have something in the next 60 days or so to announce. But that would just be the announcement of the legislative process that we're going to hope to get approved. getting that approved is not going to be easy, unfortunately. Yeah. So at this stage, we are where we are. And we just going to be monitoring it regularly, giving regular updates. And as Chris, it is really just a matter of changing your mindset that it's good. There's going to be some delays. Dr. Newspoll, do you want to share one of the other questions from the Fuhrer? Yes, one last question for me. crossbar disability, the spouse is from UK or now I'm a UK citizen. What's gonna happen to me? Denise. So you're still subject to retrogression, because again, it's, it's for the rest of the world. So even if you're from India, or China, or one of the countries that's usually subject to the retrogression, it really at this point, cross chargeability does not matter. But you want to keep an eye on the visa bulletin center to come and see if the things will improve under all chargeability areas. That's where all beauty countries fall. But for now, even if you have the UK nationality, you're subject to the retrogression.

Okay, thank you, Denise. And Lynette is asking an interesting question about filing for the I-140. And would we still filed premium processing? Mike, what is your recommendation? Should an employer still file premium processing when filing a new case when I went for defining? Yeah, I think for right now, I would still continue to recommend premium processing because we have a, you know, an under one year kind of queue. However, as that queue gets longer, then I think that answer is going to change. And I think premium processing is not going to be as relevant. And I think the variables there are not only how long the line is, but how long regular processing at the I-140 stage is, because keep in mind that your priority date established based upon the file date, not upon the approval date. So if you get filed today, today's your party date, April 17. The fact that you're not approved for six months or three weeks is irrelevant to the establishment with a priority date. So as long as the processing of the I-140 is within the timeframe of retrogression, then you don't lose anything by not pre filing as premium. So I think that there are going to likely be some people who companies that are already making the decision to not file premium. I think October is going to be in my mind kind of a really big deal with respect to what we see with retrogression based upon the numbers that are going to be still in the 45 in the 140 queue. And if it gets a year more I think most people are going to stop doing premium because I don't think there's going to be any benefit.

Yeah, I agree with you Mike and right now, and then it just to let you know that all the employers for Connetics USA are still doing premium processing for the reasons that Mike has just outlined. And the same for CES to company, O'Grady, Peyton. I'm going to take a few more questions and AKQA is asking Chris, can I go ahead and pay the fee bill sure, you can still go ahead and do that. Yeah, you just won't progress through if you're past June 2022. Okay. In fact, like a lot of things, Tanya, like a lot of things, I think if you're given the option by the government to do these things, you should go ahead and do them. So for instance, we've talked, for instance, here, about the priority date being June of 2022. But actually, the visa fee bills for the National Visa Center are generally governed by a different chart, actually, which you can find on the visa bulletin website. And actually, they the government, seem to be taking packet threes and fee bills, as long as you're praying, they just told December of 2022. Now, I'm guessing they're probably being too optimistic with that, but it might be that they're even anticipating for October. So probably, if you're, if your priority date is between June and December, you probably can move through the National Visa Center, at least part of that process.

Okay, so there you go. I can go ahead and pay the fee bill? Or should we got so many questions here, and I am trying to get through some of the questions that are maybe different to what we are what we've discussed already. I have a question from Brian. Brian is asking, What if my employer abandons me? Denise, what, what would you say to Brian? I'll say I'll give my opinion after that. But I've been doing this for a very long time. And I have not seen an employer abandon an applicant who has had to wait through the retrogression process. However, with that said, I'm not the employer, I cannot control their policies and business operations. However, if you aren't, if you're blind to a situation where your employer has revoked them, send it up, withdrawn the offer, if you've reached the I-140, stage, and the I-140, is approved, again, you can preserve that party data, if you go to another employer, your employer will file a new I-140. Or you let's say six months, seven months down the line, and you can request or they can request that that original party date briefly preserved. So it says if they have filed the case, when the original employer that you were with filed. So for those of you who haven't had one board that has already been approved, if that's if that's you, the person was asking the question, I would not be concerned because your party data is already locked. And unless there's misrepresentation or fraud, the I-140 stance.

Yeah, absolutely. I would agree with that. 100%. We are not seeing any employers in any way indicating that they would abandon cases. There's a massive shortage of nurses in the United States right now. And we've also been doing this for many, many years. And if for some reason that happened, we have many, many other employers would be very interested in sponsoring you. And okay, we're going to take one last question from the chat and that is from Soul, how to recapture my old priority date May 8 2008. Mike? Yeah, so normally, you need some proof of that old party date. The easy answer is you have a copy of the old I-140 approval notice. However, there are a lot of other things that can be used. There's for your request, where you can obtain that. But basically, that process is done when you file I-140 So you file new I-140 for your current employer, you show the old I-140 And then you approval notice that provides that party date, and then you automatically unless that party date was revoked for fraud or misrepresentation you on the rights to that priority date, so you will be assigned. Now, if you did not show your new employer, the old priority date because you didn't think it was important. And now you're figuring out it is important. It is very difficult, if not impossible, to get them to recognize an old priority date. If you've already filed your new I-140 and already have an approval, you're likely going to have to try and convince the employer to simply file another new I-140 for you. That's going to likely be faster and cheaper and more sure route than to simply try to get NVC to recognize and old party date. We've limited success, and maybe Chris and Denise have better success. Last but limited success, and getting them to recognize something that you just now have now presented. So I think the moral of that story is, you need to let your recruiting company Connetics, and in your employer be aware of all your prior immigration history. Because even though you may think it's not relevant, it certainly would be relevant in this case, and generally speaking, would be relevant all the time.

Thank you so much, Mike, for answering that question. And the good news is that you have a previous priority date. I know there are many people who wish they had a previous priority date, and that could be recaptured and would put them in a position where they can smoothly go through the process. Okay, so final words. Doctor Nurse Paul, what would you say to any nurse that's watching now? I'm feeling despondent, feeling a bit down feeling frustrated? What words of advice be someone who served via retrogression, I had to it almost 10 years to get to the United States. Abandoned by employer back in 2014. When that was already current, by the way, my priority is to better by my employer in 2014. Guide recap for 2015 When I got recaptured, there was a retrogression again for several years back, putting back another two years, almost 10 years to get here and leave the American the American dream the life that I wanted, guys do not stop what you're doing. I have three takeout key takeaways for you guys, for you nurses all over the world that are watching us today. The first one is continue with what you are doing with the process that you're doing whether it is filing I-140. Whether it is getting documentary qualified, whether it's taking your IELTS reviewing for the NCLEX or doing your visit visa screen or whatever processes your employers or your lawyers are required from you keep doing that you want all of them in place for when the retrogression moves, and it's time for you to be interviewed.

You want all of them in place because the visa is numerically limited retrogression is a cycle it happens, it will happen it will keep happening. The first one that gets into the consul's desk with all their papers and gets to go to the United States first. Number two do not make life changing decisions until you have your visa don't sell your houses. A lot of people made this mistake I've been an admin for live for four years, have been a nurse here in the States for six. I survived retrogression for 10 years, heard people sold their houses, quit their jobs, or quit their kids school and then ending up having to have retrogression. And now they don't have visa because they're retrogressed for a year. Don't do that. Wait for your visa on your hand. And your you have a flight to the United States before you make any life changing decisions. And the last one is do something else while waiting, go to Saudi go to UK, go to Germany, stay in your country and improve your nursing skills. Get more competent, try another unit and drive specialty units. But do something to improve your career. Once you get here. Trust me, it will be worth it. If I quit, I would not have lived the American Dream that I've always wanted when I was young. So that's it, guys. Thank you for having me in the show, Tanya. And by the way, Chris and Mike, I've been following your blogs since 2008 When I started my NCLEX. So thank you for that. But now we have the forum. We have Connetics. We have so many resources, free education, free shows like this. So guys, you are so lucky. This is only one year retrogression, but we're gonna survive through days. Thank you guys. Thank you.

I love that optimist Paul. That was wonderful. Final words very inspiring. And that we are lucky is Dr. Nurse Paul's final words that this is only a you know, a retribution that we're experiencing right now. Nothing like what we experienced in 2008 2009. Chris, your final words for anyone watching today? God I hate following something that was so well said. So I guess I'll just go I'll just repeat myself, which is this is obviously very frustrating. But really all it really does is just reset the timeline when you're coming to United States and it's not going to be yours. Yes, it's more months than it probably should be. But the key thing I think from the nurse side is that you need to continue to do all of the things you're doing and if anything, there's a little more pressure now, because you need to get into that queue so that when you do become current, your case can move quickly. Thank you, Chris, Denise. I don't have much to add after. But um, basically, just keep an eye on. If you qualify to preserve your party date, let your attorneys know so that they can walk you through the process and keep positive.

And if you happen to have a spouse who has a separate process ongoing, maybe discuss that with your attorney, because we may qualify for derivative, visa classification that will allow you to enter the United States and work such as if you're married to someone with an L one or E two, you can come in with an E two journey, these are an L two journey visa, which will allow you to work in the United States while you wait for your immigrant visa to become available. And then just ended with you have a great team here supporting you, count on us to help you. And while you're waiting for your immigrant visa to become available, and just again, don't lose hope and be proactive and have everything squared away before the visas become available. Thank you, Denise. Final words, Mike? Well, a couple of practical things. Since you know Doctor Nurse Paul covered all the really important stuff, but a couple of practical, cool things because the timing has changed. Maybe you want to reconsider your follow the Joint Plan. And maybe you all want to come in together. Instead of having a follow to join. Maybe you have to look at the timing and say, Should I renew my contract in the UAE or not? If you've got a job children that are coming close, you have to then look at that and say what's my backup plan? Am I going to have to consider Canada? Or what is my plan? Because as Chris said, and I think Chris's perspective on this is exactly right, what we really have to do is we just simply have to change our expectation, this is no longer a six to nine or six to 12 month process and expectation of filing I-140 arrival, it is now 12 to 18 months, or somewhere in that neighborhood maybe 14 to 18 months. And that that changes things. So as a result of that there are practical decisions we might have to make in our lives relative to that change in time.

Thank you, Mike. And thank you for sharing because those are things that if you've got families, and you know different people have got different life and life circumstances. So really important to bear those things in mind as you're planning out what to do next, as these new circumstances evolve. I want to take this opportunity to thank the panel for joining us today on the special edition of onward and upwards. As Dr. Nurse Paul said, I'm just so grateful that we have this team of expert lawyers who are here, willing to come and share their time, share their wisdom share their expertise. We all know that everyone hears that retrogression, that our word that is terrifying, because I think many people have post traumatic stress about retrogression in years before. So that I hope today was illuminating for many people to know that nothing has changed other than the timing, the process is the same, the American Dream is still there for you. And we will get you to America, it's just a matter of a bit of more of a delay. And that really, I think sums up hopefully the message for today. I also just wanted to add that we will very closely continue to monitor the situation. We will continue to answer questions, both on Onwards and Upwards as well as within the Connetics, internal forums on all the questions that everybody has, so that hopefully you can feel more at ease. more knowledgeable knowledge is power. Don't panic. Let's just get through this together. Thank you, everybody for joining us and onwards and upwards. Thank you, everyone. See you. Thank you. Bye