| Jan 2012 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Mexico | |
| EB-2 | Current | 01JAN09 | 01JAN09 | Current |
| EB-3 | 01FEB06 | 15OCT04 | 08AUG02 | 01FEB06 |
Sen. Chuck Grassley (R-IA) has temporarily blocked the Senate from passing HR 3012, the Fairness for High-Skilled Immigrants Act. The companion Senate bill was introduced by Sen. Mike Lee (R-UT). It is labeled S. 1857.
HR 3012/S 1857 seeks to eliminate per-country caps on employment-sponsored green cards. Sen. Grassley has held the bill because "it does nothing to better protect Americans."
Sen. Grassley has long sought major changes in the H-1B rules. He has not specified what changes he is seeking in HR 3012/S 1857. It does not seem likely that the Senator would allow any amendment to increase visa numbers or provide for a faster-track Schedule A visa process.
On Tuesday, November 29, the House of Representatives passed HR. 3012, the Fairness for High-Skilled Immigrants Act by a vote of 389-15. The Senate must now consider the bill. If the Senate passes HR 3012, President Obama is expected to sign the HR 3012 into law.
The measure, if passed into law, would eliminate the per country numerical limitation for employment-based immigrants. The Immigration and Nationality Act generally provides that the total number of employment-based immigrant visas made available to natives of any foreign country in a year cannot exceed 7% of the total number of such visas made available in that year. The bill eliminates this per country percentage cap in a phased in process between 2012 and 2015.
The next National Physical Therapy Exam is scheduled for
The USCIS announced that the Fiscal Year 2012 H-1B cap was reached on
International workers who are working in the
Employees that need a "cap-subject" H-1B must wait to file their Petition until
* International students working on an EAD card under an
* International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case
* Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1
* H-1B workers with a cap exempt organization
* Prospective international employees currently living abroad
| Dec 2011 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Mexico | |
| EB-2 | Current | 15MAR08 | 15MAR08 | Current |
| EB-3 | 15JAN06 | 08SEPT04 | 01AUG02 | 15JAN06 |
For many non-Indian and non-Chinese natives, the EB-2 Permanent Residency visa (green card) provides a fast and cost-effective alternative to the H-1B process. The EB-2 also allows for a much faster green card process when compared to the EB-3 Permanent Residency process.
The EB-2 is available when the employer requires a Masters Degree for entry into the position and the Physical Therapist holds a Masters Degree. USCIS regulation says that a Masters Degree is equivalent to a Bachelors Degree and five years of progressive experience.
MU Law has successfully applied for the EB-2 for many Physical Therapists who have five years of progressive experience in occupation after the attainment of their Bachelors degree.
The USCIS has been inconsistent in their adjudication of Physical Therapist EB-2 Petitions when the Therapist holds an FCCPT “first professional degree” evaluation. The inconsistency largely is due to some degree being titled, Bachelor Degree, when in fact, these degrees are equivalent ot a
Legally speaking, the USCIS ought to be approving these Petitions since the independent FCCPT evaluations equate the Physical Therapists foreign degrees to a
MU Law successfully has filed many EB-2 Petitions for many Employers and Therapists. These Petitions are not simple filings, but require a substantive legal analysis of the employer’s hiring practices and the Therapists’ educational background. If you are interested in having an MU attorney review your matter for applicability as an EB-2 Permanent Residency green card, please contact Chris Musillo or Cindy Unkenholt.
MU clients are urged to initiate and file any regular cap-subject H-1B cases as soon as possible. The H-1B cap likely will be reached in December 2011.
The latest USCIS update is that 49,200 of the 65,000 regular H-1B numbers have been used as of
Employees that may need an H-1B visa include:
International workers who are working in the
Additionally, the USCIS sets aside an additional 20,000 H-1B numbers for graduates of US Masters degree (or higher) programs through a program referred to as the “H-1B Masters Cap”. The H-1B Masters Cap has been reached. H-1B Masters Cap petitions are now also counted against the regular H-1B cap.
Staffing companies provide value in industries where there is a shortage of qualified labor because the ability for flexible labor is great. Similarly, high rates of immigration are common in occupations where there are shortages of labor.
It is therefore understandable that many companies that employ large numbers of immigrants are staffing companies. The H-1B visa is the most common visa vehicle for these workers. Healthcare staffing companies often employ Physical Therapists and Occupational Therapists via the H-1B visa.
These companies often then have to move these workers to new geographical locations as dictated by client’s needs. While a new or amended H-1B visa is required when there is a material change in an employee’s job duties, a new or amended H-1B visa traditionally is unnecessary when an H-1B worker moves to a new geographical location.
As Musillo Unkenholt explained in an April 2010 letter to a public inquiry request by the USCIS,
In at least five prior correspondences (all referenced in the MU letter), USCIS and Legacy
Practically and legally there is good reason for the existing USICS policy; a simple geographical change does not change the H-1B worker’s underlying job duties.
In AILA’s notes from an October 5 meeting with the USCIS, the USCIS implied that it may soon require a new or amended H-1B to be filed when there is a change in the worker's geographical location. The USCIS full comments were:
USCIS RESPONSE: This issue is currently under examination within the H-1B policy review working group as part of the comprehensive USCIS policy review. We will take AILA’s views into consideration when finalizing the policy on what circumstances would require an amended petition to be filed with USCIS.
There is no rationale for a change in policy on this issue other than to create additional administrative burdens on H-1B Petitioners. Musillo Unkenholt hopes that the USCIS instead focuses its efforts on those who abuse the immigration system.
The Fiscal Year 2012 (FY2012) H-1B cap season began on
Many healthcare professions ordinarily qualify for H-1B status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing positions.
| Nov 2011 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Mexico | |
| EB-2 | Current | 01NOV07 | 01NOV07 | Current |
| EB-3 | 22DEC05 | 22AUG04 | 22JUL02 | 22DEC05 |
The US Department of Justice filed suit against Generations Healthcare, a Skilled Nursing Facility, on
The DOJ’s press release says that its investigation uncovered evidence that Generations Healthcare required all newly hired non-U.S. citizens and naturalized U.S. citizens at its St. Francis Pavilion facility to present specific and extra work authorization documents beyond those required by federal law to prove their status. These documents were not required of native-born
MU Law clients and friends are reminded that
Congressman Jason Chaffetz (R-UT) has just introduced HR 3012, The Fairness for High Skilled Immigrants Act. The bill, if passed into law, would eliminate the per country numerical limitation for employment-based immigrants. The Immigration and Nationality Act generally provides that the total number of employment-based immigrant visas made available to natives of any foreign country in a year cannot exceed 7% of the total number of such visas made available in that year. The bill eliminates this per country percentage cap.
If passed, the Act greatly improves the processing times for Indian and Chinese green card applicants. An unintended consequence of the Act likely would be the slowing of processing for natives of all countries.
The Act is supported by the US Chamber of Commerce, Compete
The Act is co-sponsored by House Judiciary Chairman Lamar Smith (R-TX). The bill also adjusts family based visa limits from 7% per country to 15% per country.
Before the Act can become law, it will have to attract more co-sponsors and be recommended for a vote in the US House of Representatives. Once it passes the House, the Act will have to be passed by the US Senate. President Obama almost certainly would sign the Act into law.
The
The compelling nature of the quest would make for a tight 90 minutes of viewing regardless of the subject-immigrants, but the radiance of these women raises the documentary to compelling viewing.
Their desire to help family and friends through remittance payments underscores the entire film. The most gripping scene occurs when one of the teachers, Angel, returns to her homeland and has to explain to her family that the American money “does not grow on trees,” as only a beloved schoolteacher can explain. Angel, like her three colleagues, never stops teaching – the children, her family, and we the viewers.
The film is streaming for free through October 20 on PBS’ website – unfortunately the streaming is only available in
| NPTE Test Dates | ||||
|---|---|---|---|---|
| Test Date | Registration Deadline | Jurisdiction Deadline | Scores Reported | |
| Oct 26, 2011 | Sept 26, 2011 | Oct 10, 2011 | Nov 2, 2011 | |
| Dec 5, 2011 | Nov 5, 2011 | Nov 21, 2011 | Dec 12, 2011 | |
The Fiscal Year 2012 (FY2012) H-1B cap season began on
To put this in perspective, in FY 2011, which began
For three years the H-1B demand has decreased. This is compelling evidence that H-1B workers are not used to drive down US worker’s wages. If H-1B workers were used to drive down wages, H-1B demand would remain consistent in a decreasing economy, since US employers would still want to save money on salary expenses.
| Oct 2011 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Mexico | |
| EB-2 | Current | 15JUL07 | 15JUL07 | Current |
| EB-3 | 08DEC05 | 08AUG04 | 15JUL02 | 08DEC05 |
Worldwide: Current
China and India: The current cut-off date is approaching the most favorable date previously reached for applicants from China and India. The rapid forward movement is intended to generate demand based on new filings for adjustment of status at U.S. Citizenship and Immigration Services offices, which currently accounts for over 85% of all Employment-based number use. Once the level of demand increases sufficiently, it may be necessary to slow or stop the cut-off movement, and a retrogression of the cut-offs at some point during the year is a distinct possibility.
Mexico: Current
Philippines: Current
Employment Third:
Worldwide: up to one monthMU’s Chris Musillo is one of the three presenting faculty members for the American Immigration Lawyers Association's
From the AILA new release:
Which are the consular posts that process the highest volume of visa applications? What are the most common issues visa applicants and their attorneys face when dealing with these posts? Are there ways to minimize the stress involved in processing H-1Bs and Blanket L and individual L-1 applications?
The seminar wraps up with a Q&A session and will cover the following topics:
To register for this teleconference, please visit the AILA website. The teleconference is approved for
In July, the DOL ceased processing PWDs as the direct result of a lawsuit affecting their H-2B applications. As a result of that lawsuit the entire PERM and Schedule A green card system has been disrupted.
Until the DOL re-commences the processing of PWDs, PERM and Schedule A green card cases may be delayed. It does appear that the resolution is forthcoming. There are reports that the first PWDs in several weeks have been received by the immigration community. If you have any questions on this, please do not hesitate to contact Musillo Unkenholt.
The Fiscal Year 2012 (FY2012) H-1B cap season began on
To put this in perspective, in FY 2011, which began
Many healthcare professions ordinarily qualify for H-1B status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing positions.
For three years the H-1B demand has decreased. This is compelling evidence that H-1B workers are not used to drive down US worker’s wages. If H-1B workers were used to drive down wages, H-1B demand would remain consistent in a decreasing economy, since US employers would still want to save money on salary expenses.
The National Board for Certification in Occupational Therapy (NBCOT) has announced that starting
NBCOT’s Occupational Therapist Eligibility Determination (OTED) will be used to determine comparability to US accreditation occupational therapy educational standards and competencies. All internationally-educated occupational therapists approved for exam eligibility under current OTED eligibility standards must take and pass the OTR certification examination prior to
NBCOT is the not-for-profit credentialing agency that provides certification for the occupational therapy profession.
| Sept 2011 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Mexico | |
| EB-2 | Current | 15APR07 | 15APR07 | Current |
| EB-3 | 22NOV05 | 15JUL04 | 08JUL02 | 22NOV05 |
MU Law has had a few follow-up questions about the H-1C visa that was passed by the House of Representatives. We've put together this FAQ to answer a few common questions:
Q1. When does the new H-1C come into effect?
A1. The Senate must still pass the H-1C reauthorization into law and then the President must sign it. There is no set timetable for this to happen. In fact, the H-1C reauthorization may never come into law.
Q2. Will individuals who hold current H-1C visas be able to extend their H-1C status?
A2. They will provided that they have not used up their allotment of H-1C time. Approved nurses will be eligible for to be in H-1C status for 6 years.
Q3. Why are only 14 hospitals eligible?
A3. The H-1C law was crafted in a way to limit sponsorship to certain hospitals that meet a strict set of criteria established in the 1990s. The hospital must be located in a “Health Professional Shortage Area” as of March 31, 1997, have “at least 190 acute care beds,” at “least 35 [percent] of [the facility’s] acute care inpatient days reimbursed by Medicare,” and “at least 28 [percent] of [the facility’s] acute care inpatient days reimbursed by Medicaid.” Other hospitals may be eligible; however, the list of the 14 hospitals that qualify has not been updated in recent years. In a meeting with USCIS and CIS Ombudsman (Oct. 28, 2008), USCIS indicated that, to date, only one hospital that is not on identified on the list of 14 HPSA hospitals has applied for an H-1C nurse and that case is currently pendingadditional review.
Q4. Is there any H-1C cap, like the H-1B visa?
A4. Yes. The H-1C is limited to 300 nurses. However the cap has never been reached.
Q5. Which 14 hospitals qualify for sponsorship?
A5. Here are the 14 hospitals:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11. Southeastern
12.
13.
14.
The US Embassy at
At this time it does not appear that the VRP will be available to H-1B holders because of a condition that one did not stay in the
1. I am a
2. I have previously been issued, in
3. My visa is still valid... or it has expired within the last twelve months.
4. I have in my possession all of my passports covering the entire period of time since I received that full-validity visa.
5. I have not been refused a
6. My visa is not annotated "clearance received".
7. I have not ever stayed in the
8. I have not ever been arrested or convicted for any offense or crime, even if subject of a pardon.
9. I can provide the visa control number from my visa (located in the upper right hand corner of the visa).
| Aug 2011 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Mexico | |
| EB-2 | Current | 15APR07 | 15APR07 | Current |
| EB-3 | 01NOV05 | 08JUL04 | 01JUN02 | 01NOV05 |
Chris Musillo and
The USCIS Ombudsman is tasked with monitoring USCIS practices and recommending improvements to USCIS practices. Annually the USCIS Ombudsman produces a report. In early 2009, the Ombudsman made specific recommendations to the USCIS in order to enhance the processing of Schedule A green card applications. Schedule A, which provides an expedited green card application process, is limited to registered nurses and physical therapists.
The Ombudsman’s latest report has just been released. The Report contains many suggestions for improvement of USCIS processes and procedures. While MU has not fully read and considered all of the Ombudsman’s recommendations, one item did catch our eye.
In addition to other outreach initiatives, the Ombudsman’s Office will host its first annual conference on
The Fiscal Year 2012 (FY2012) H-1B cap season began on
To put this in perspective, in FY 2011, which began
Many healthcare professions ordinarily qualify for H-1B status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing positions.
For three years the H-1B demand has decreased. This should put paid to the idea that H-1B workers are used to drive down US worker’s wages. If H-1B workers were used to drive down wages, H-1B demand would remain consistent in a decreasing economy.
The Fraud Prevention Unit of the US Embassy along with representatives from the POEA recently held a Conference on Fraud Prevention and Protection of foreign workers. The
The POEA sought and continues to seek to educate Philippine workers about their rights and to combat illegal recruiting.
The US Embassy in
Importantly the
