If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

Q - What is the latest info about the retrogression for schedule A category?

A - There's really nothing new in the Schedule A category (used mainly by nurses) except that the whole category has retrogressed to the point of being listed as "U" for unavailable. In other words, no cases are being processed at all right now. The only news that would help is if Congress decides to make more green cards available. There is a push going on right now to convince Congress to either pull more unused green card numbers from years past (there are now an estimated 101,000 available or end the quota on green cards all together for Schedule A occupations. An effort to get this done before Congress recessed this past week was unsuccessful so there will be no action until late this winter at the earliest after the new Congress is sworn in.

*****

Q - What kind of proof can I provide that I served my J-1 home residency requirement ten years ago in the absence of old passports?  I am in the US on an F-1 student visa currently and am getting ready to file for immigration based on marriage to a US citizen.

A - You can present a variety of documents including tax records, affidavits from people knowledgeable about your being in your home country, employment records, bank statements, bills, etc. Really, there are no rules on what is acceptable so anything that would make the case is acceptable.

*****

Q - I would like to know your comment about the 9th Circuit court decision regarding physician National Interest Waivers. Is it applicable nationwide?

A - I assume you're talking about the Schneider physician case and it is applicable nationwide. USCIS is working on guidelines regarding its implementation, but you are definitely allowed to cite to the case for any filings from this point forward.

*****

Q - Are medically underserved areas exempted from H1B cap?

A - Only if the person has gotten a J waiver based in going to work in an underserved area. Other H applicants who did not enter the US on the J-1 or who came in J status but who are not seeking a waiver based on an interested government agency, won't necessarily benefit.

*****

Q - Can a person who passed NCLEX in Singapore work in New Jersey as a Registered Nurse?