NFAP Report Critiques S. 1348

In June 2007, the National Foundation for American Policy (NFAP) published its report on the point system proposed in S. 1348, the Comprehensive Immigration Reform Bill of 2007.  According to the report, foreign nurses, who are urgently needed in the U.S. in order to alleviate the current nursing shortage, would not be able to enter the country under this point system.  

If passed, the Senate bill’s point system would eventually eliminate family and employment-based categories of green cards, and replaces them with a merit-based system of points.  Employment-based green card applicants would receive 20 points if they work in a specialty occupation, as defined by the Department of Labor.  Those working in a ‘High Demand Occupation’ would receive 16 points.  An applicant working in an occupation that is considered to be in the national interest would receive 8 points.  An applicant could gain additional points if:  

1)     they receive an endorsement from the U.S. employer (6 points),

2)     they have experience working for the U.S. employer (2 points per year, with a maximum of 10 points allowed), and

3)     their age falls into the 25 to 39 range (3 points).  

According to NFAP, the point system would reward those potential immigrants with higher ‘paper’ qualifications, such as a Master’s degree or PhD.  Those with lower degrees, such as a Bachelor’s, including nurses, would score lower on the points system.  The breakdown is as follows:  

·                     MD, MBA or other advanced degree  - 20 points.

·                     Bachelor’s degree - 16 points

·                     Associate’s degree - 10 points

·                     High school diploma or GED – 6 points  

The report uses the example of an applicant with a Master’s in electrical engineering scoring a 90, while a nurse with a Bachelor’s could score between 40 to 64 points, depending on whether nursing is considered a field in high demand in the U.S.  

Those who can demonstrate English proficiency skills are also rewarded.  A native English speaker or an applicant who has scored a minimum of 75 on the TOEFL would receive 15 points.  An applicant who scored between a 60 and 74 on the TOEFL would receive 10 points, while an applicant who passed the USCIS Citizenship Tests in English and Civics would receive 6 points.  

The report also criticizes the limit on the number of immigrants to be allowed from each country.  Immigrants from countries like India and the Philippines , which have a high number of immigrants each year, including most of the foreign nurses admitted to the U.S. , would be limited to ten percent or less.  Together with the points system, this would mean that nurses from high immigration countries would be beaten by other applicants from their own country who amass a higher score.

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