Recapture of Visa Numbers for Schedule A Occupations (Nurses, Physical Therapists, and Performing Artists of Exceptional Ability)

On May 11, 2005, President Bush signed into law the Emergency Supplemental Appropriations Package (H.R. 1268). Part of the legislation contained several immigration related provisions. Section 502 of the provision, titled “Visas for Nurses” amends § 106(d) of the American Competitiveness in the Twentieth Century Act (AC21) (which provides for the recapture of unused employment-based immigrant visas) by placing the unused employment-based visa numbers from fiscal years 2001-2004 in the “bank” for use in future fiscal years when the demand for employment-based immigrant visas in EB-1, 2, and 3 exceeds the annual quota.

The use of the “bank” visas numbers collected from fiscal years 2001-2004 are reserved for immigrant worker petitions based on Schedule A immigrants (Nurses, Physical Therapists, and Performing Artists of Exceptional Ability) and their family members accompanying or following to join.

The total number of visas used from the “bank” may not exceed 50,000.