Most entries below contain actual legal discussions of events directly related to Filipinos in or immigrating to the United States.
Remember- These writings are provided for general information only and do not constitute legal advice, nor do they create any attorney-client relationship. Each person's needs and requirements are different and require a personal evaluation to determine the proper legal course of action.

Wednesday, July 16, 2014

No TPS for The Philippines Based Solely On Haiyan

I though I was finished discussing the hope of TPS for the Philippines.  The possibility of TPS ended in early June.

Yet, over the weekend, I received an email asking for “support” and a “donation” to keep pushing the U.S. government to grant TPS to the Philippines.

As much as I wished TPS to be granted, the Philippines will not get TPS based on Typhoon Haiyan.

But as I sit here watching live coverage of Typhoon Rammasun skirting Metro Manila, I remember the circumstances in other countries before they were granted TPS.  The cumulative effect of multiple occurrences may also be a consideration when bestowing TPS.

El Salvador suffered a substantial earthquake, but TPS was not granted until a second, lesser quake struck.  Haiti was pummeled by several major storms, but it was the later earthquake that triggered TPS.  While a single disastrous event may raise the possibility of TPS, subsequent catastrophes while still recovering from the first may cause reconsideration of TPS.

Heaven forbid the Philippines is struck with another serious calamity, and for that reason I hope to never see the Philippines need TPS, yet with the country’s propensity towards natural disasters, TPS in the Philippines’ future is never really out of the question.

Go to the Most Recent Philippines-US Immigration Topics 

View Qualifications of Attorney James W. Austin

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Tuesday, July 15, 2014

Can You Help These Filipino RNs?

A large group of Filipino nurses are now ready to immigrate to the United States, but they need new sponsors.

Here is the situation.  Several healthcare facilities filed petitions for RNs from 2008 to 2010.  USCIS approved the petitions long ago, leaving the nurses to wait the usual 4 to 7 years for their priority dates to become current.  Now it is time to apply for their immigrant visas and report to work in the U.S. but the facilities no longer have enough open RN positions available.

There is no fault or blame in this; business needs change over time and future plans do not always work out as was expected.  Now we are left with many skilled RNs ready to immigrate, but only if we find new healthcare employers.  These nurses have been waiting for many years for their chance at U.S. Permanent Residence, an agonizing experience shared by many of you.  If no new employers are found, their hopes of a life in the U.S. will be lost. 

These are experienced nurses, some with years of experience in Saudi, New Zealand, Canada and elsewhere.  Most have already passed the NCLEX and are licensed in some U.S. state. 

Any new healthcare sponsor must have a legitimate R.N. position available and must prove they will pay the appropriate wage for the position.  Additionally, as with most immigrant workers, the company may also be asked to assist with certain fees, orientation and travel assistance.   Although the company will be required to file a new immigrant petition for the nurse, the employee will still be able to use the earlier priority date, greatly reducing or eliminating completely the wait time before they can enter the U.S. and begin working.
If you are a nurse or physician, consider the possibility of one or more of these nurses being placed with your employer.  If there are persistent RN openings in your area, this may be a good opportunity for a company to bring in skilled RNs available for employment in a matter of months instead of many years.  If you find someone who would like more information or wishes to view the credentials of these applicants, please have them contact me directly at  All applicants will be available for telephonic/video interviews.

Please feel free to also share this with your friends who may know of a facility willing to consider employing on or more of these deserving nurses.  After years of waiting, it would sad to see this opportunity wasted.

Go to the Most Recent Philippines-US Immigration Topics

View Qualifications of Attorney James W. Austin 
Go To Austin & Ferguson, LLC Home Page