H-1B CAP ONLY AT 17,400

The Fiscal Year 2012 (FY2012) H-1B cap season began on April 1, 2011. Since April 1, a mere 17,400 H-1B cap-subject Petitions have been receipted by USCIS as of June 24, 2011. This is much lower than in recent years and likely reflects the fact that while the US economy has improved in the recent months, it is not nearly as robust as it was in the middle part of the last decade.

To put this in perspective, in FY 2011, which began April 1, 2010, the USCIS has receipted about 30,000 H-1Bs through July 1, 2010. In FY 2009, there was about 45,000 H-1Bs receipted in by USCIS through July 1, 2009. For the prior three fiscal years (FY 2006-08), the H-1B cap was reached on the very first day of filing.

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.

POEA AND MANILA EMBASSY MEET TO DISCUSS FRAUD

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 June 10, 2011 meeting was held at the Hyatt Hotel in Manila.

The POEA sought and continues to seek to educate Philippine workers about their rights and to combat illegal recruiting.

The US Embassy in Manila has announced the William Wilberforce Act Tagalog version. The act requires that people are made aware of their immigration rights.

Importantly the US officials also discussed their review standard before visa issuance. They reminded attendees that USCIS approval of the I-129 does not guarantee H-1B workers a visa. Before the H-1B visa is issued the Embassy reviews each case to insure that there is a bona fide job opportunity.

JULY 2011 VISA BULLETIN

The Department of State has just released the July 2011 Visa Bulletin. The Chinese and Indian EB-2 categories had notable progress, each jumping 6 months. On the other hand, the EB-3 categories had very little progress from last month.

July 2011 Visa Bulletin
	All Other Countries	China	India	Mexico
EB-2	Current	08MAR07	08MAR07	Current
EB-3	08OCT05	01JUL04	01MAY02	01JUL05

US HEALTHCARE SECTOR GROWING SIGNIFICANTLY

The U.S. Bureau of Labor Statistics’ (BLS) has just reported that the employment numbers in the healthcare sector continue to defy the overall US economy. Hospitals and other healthcare employers have been adding an average of 24,000 jobs per month from June 1, 2010 – June 1, 2011.

Nursing is the largest employment segment of the healthcare sector. While the nursing shortage abated between 2008 and 10, the BLS still projects nursing to be the shortest occupational classification in the foreseeable future, as do private foundations.

For instance, the Robert Wood Johnson Foundation’s Institute of Medicine released its report on The Future of Nursing in October 2010. The report called for increasing the number of baccalaureate-prepared nurses in the workforce to 80% and doubling the population of nurses with doctoral degrees.

Foreign-trained nurses are almost always baccalaureate-prepared and will necessarily have to be a component of any increase in US nurse supply. While no one wants foreign nurses to take US nurses’ jobs, the numbers plainly show that foreign nurse recruitment must be increased or else US patient’s care will be compromised.

2011 NPTE SUMMIT TO FOCUS ON SECURITY

FSBPT has scheduled an NPTE Summit to focus on policy implications for PT licensure in light of recent NPTE security breaches. FSBPT seeks to create a set of recommendations to the FSBPT board of directors about the testing process and to develop a preliminary communication strategy of the recommendations to members and stakeholders.

Expected attendees include jurisdiction members and administrators, FSBPT committee members and representatives of APTA’s board and staff, Academic Council, Student Council, PTA Caucus and Prometric. The AAIHR should also be in attendance.

The NPTE Summit is scheduled for July 29-31, 2011 in Dallas, Texas.