Embassy of the United States in Manila

IMMIGRATION AND VISA-RELATED PROVISIONS OF H.R. 1268-THE EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT OF 2005

In recent years, the employment-based preference immigrant visa category (E3) has been “current” worldwide. In January 2005, however, visa number availability in the E3 category had regressed for applicants from mainland China, India and the Philippines. The reduction of visa number allocation was mainly due to the high demand for E3 visas in the three countries. Consequently, a large number of Filipino nurses and other professionals with E3 petitions have experienced considerable delay before immigrant visas could become available for them.

On May 11, 2005, President Bush signed H.R. 1268 (Public Law 109-13) or the Emergency Supplemental Appropriations Act of 2005. While the Act focuses largely on funding for operations in Iraq, it also contains a number of visa-related provisions. One such provision in effect makes available an additional 50,000 visa numbers for E3 applicants with petitions approved under a U.S. Department of Labor “Schedule A” Labor Certification. Applicants included in this category are Registered Nurses, Physical Therapists, Performing Artists of Exceptional Ability, and other Skilled Workers. The new law allows the recapture of unused E3 visa numbers for use in areas where they are most needed.

The processing of E3 cases affected by the recent retrogression will resume in late June 2005. The National Visa Center (NVC) and the Embassy will schedule visa interviews for the additional applicants in order of priority date and documentary qualification. E3 applicants who will benefit from the legislation will be notified as soon as implementing guidelines are established and cases can be processed.


IMMIGRATION AND VISA-RELATED PROVISIONS OF H.R. 1268-THE EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT OF 2005 In recent years, the employment-based preference immigrant visa category (E3) has been “current” worldwide. In January 2005, however, visa number availability in the E3 category had regressed for applicants from mainland China, India and the Philippines. The reduction of visa number allocation was mainly due to the high demand for E3 visas in the three countries. Consequently, a large number of Filipino nurses and other professionals with E3 petitions have experienced considerable delay before immigrant visas could become available for them. On May 11, 2005, President Bush signed H.R. 1268 (Public Law 109-13) or the Emergency Supplemental Appropriations Act of 2005. While the Act focuses largely on funding for operations in Iraq, it also contains a number of visa-related provisions. One such provision in effect makes available an additional 50,000 visa numbers for E3 applicants with petitions approved under a U.S. Department of Labor “Schedule A” Labor Certification. Applicants included in this category are Registered Nurses, Physical Therapists, Performing Artists of Exceptional Ability, and other Skilled Workers. The new law allows the recapture of unused E3 visa numbers for use in areas where they are most needed. The processing of E3 cases affected by the recent retrogression will resume in late June 2005. The National Visa Center (NVC) and the Embassy will schedule visa interviews for the additional applicants in order of priority date and documentary qualification. E3 applicants who will benefit from the legislation will be notified as soon as implementing guidelines are established and cases can be processed. ###
	Last Update :: 01/05/2007
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