Looking at the huge shortage of the nurses in the United States today, this has gone up to 117,000 for the case of unfilled vacancies for registered and qualified nurses, at different hospitals and nursing homes across the United States.

As a resolution to the above mentioned problem on the 11^th of Feb in 2009. A new act was introduced in the house known as the Nurse Relief Act HR 1001. The crux of this new Act is that a new category of visas, the W – Visa category would be introduced which would only be for the nurses from all over the world to come over to the United States. The annual capping for this new visa category would be currently at 50000.

The nurses and the physiotherapists fall in Schedule A, They get preference under the third preference employment immigrant category and thus do not need the labor certification. But currently the visas under the said category for the nurses and the physiotherapists are not available at all and one would be required to wait till October to see the scope coming out of this category.

Again the H-3 temporary non immigrant level visa would allow nurses to enter the United States for the purpose of acquiring training in the said skill and would be expected to leave post the completion of the training.

Similarly, nurses could opt for the J-1 exchange visitor program and enter the United States in the capacity of an exchange visitor training and then leave post the completion of the training. In this visa category they would not allowed to work. But rather this is also a training visa. However the nurses coming under the said J-1 visa category would be eligible to get minimum wage rate, as applicable, under the provisions of the visa category.

The primary reasons for introducing the new W- Visa are:

1. As per the labor department in the United States the shortage of qualified nurses stand at a staggering 120,000. There was an urgent need to address this concern.
2. The states in the West and the Southwest United States have a higher growth rate than the rest of the country.
3. Other countries in the world like India, China and the Philippines have a higher number of nurses that they do not hire as well. Such surplus human resource could be better used in a country like the United States where the demand is higher than the supply.

The limits for the fiscal year 09, has been fixed as per the provisions of the INA Act (Sec 201). As per the said Immigration and Nationality Act (Sec 201), the annual minimum family sponsored preference limit is 226,000. However as per the same act the Upper limit for the preferred immigrants has been set to a maximum of 7% of the total applications received from the country for the employment based preference and the annual family sponsored preference. However, only 2% has been allotted for the dependent area limit.

The Sec 203 of the Immigration and Nationality Act, defines the preference of the family sponsored preferences as per the under mentioned.

First – The preference would be given to the unmarried children for the citizens and the number stands at 23,400 plus what ever is the surplus from the numbers allotted to the 4^th preference.

Second – The send in the line would be the spouses and children along with the unmarried children of the permanent residents of the United States.

Third – Third in the line comes the children of citizens who are married in different countries and are have been staying there. The upper limit for this category has been fixed at 23400 plus the surplus of the first two preferences.

Fourth – Siblings of adult United State citizens, and the upper limit of this preference e has been capped at 65,000. This category would also include the surplus of the previous 3 preferences.

There has been mentioned some preferences for the employment based immigrations as well.

1. 28.6% of the world wide employment based preference level would be allowed as the first preference.

2. People in profession who holds advanced degree. This category has been capped at the maximum of 28.6% of the world wide employment based preference level.

3. The third category is for the skilled workers and the professionals. Again capped at 28.6% of the world wide employment based preference level.

4. This category is for the special immigrants being capped at 7.1% of the total world wide level.