A provision in the Senate bill would allow for the recruiting requirements for Y visas to be waived if the Labor Department certifies a shortage (just as is the case with Schedule A for permanent residency cases). The Durbin Amendment would require recruiting in all cases regardless of how clear the shortage is to the federal government.

Senator Spector (R-PA) spoke against the amendment reminding members that workers are already protected and that nurses in particular would be affected by this. He indicated that this requirement would be a waste of time and money. Senator Durbin has become the anti-nursing immigration Senator in the last year so one cannot say the fact that he sponsored this amendment is surprising. He's also credited with getting the green card cap exemption for nurses stripped from the bill.

The real winners here, unfortunately, are the immigration lawyers like myself who will certainly have more work to do in Y visa cases. That's good news for the bottom line of my law firm, but it is still bad public policy.