H-1B CAP COUNT: 48,400

The H-1B cap count is now at 48,400 H-1B cap-subject petitions have been received as of May, 25, which is the most recent USCIS update. MU currently is projecting that the H-1B cap of 65,000 will be reached around June 13.

MU clients are encouraged to initiate their H-1B Petitions immediately in order to insure that their H-1B cap-subject petitions are received at the USCIS before the deadline.

Employees that need a "cap-subject" H-1B include:

* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school

* 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

H-1B Cap Count
Cap Type	Available	Received	Updated	MU Projection
Regular	65,000	48,400	5/25/2012	6/13/2012
US Masters	20,000	17,500	5/25/2012	6/6/2012

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PUSH IN CONGRESS TO INCREASE BUSINESS GREEN CARDS

Quietly there has been a recent push in Congress to increase the amount of business based green cards.  Several different proposals are being considered.  Most will reduce the lengthy green card processing times for healthcare, IT, engineering, and other business-based green cards.  Business based green cards currently take anywhere from one year to ten years, depending on the type of job offered (EB1, EB2, EB3, etc.) and the country of birth of the applicant.  

As Computerworld explains, many of the proposals call for immediate or near-immediate green cards for foreign students who earn a master's degree and above in science, technology, engineering and math (STEM degrees).  The proposals differ in allocation of these visas.  One proposal by Sens. Alexander (R-TN) and Coons (D-DE) allows US STEM graduates to file for green cards after three years of working in the US.  As can be seen by the co-sponsors, this bill has bi-partisan support.

A  bill by Sen. Cornyn (R-TX) eliminates the diversity visa lottery and reserves those visas for US STEM graduates.  Sen. Cornyn's bill has some appeal because it does not add to the total pool of visas, which is major issue for some in Congress.

While these bills target non-healthcare occupations, both bills are expected to help healthcare, in several ways.  First, the language of the bills may still be tweaked to add in some healthcare occupations that are in short supply.   Second, the proposals may allow US government agencies to add or delete occupations as future events warrant.  

Even if no specific healthcare-friendly amendments are added to these bills, the simple process of drawing out thousands of STEM visas out of the general green card pools will reduce retrogression pressures.

FREE SUBSCRIPTION OF AMERICAN NURSE TODAY FOR FENs

CGFNS and the American Nurses Association have entered into an agreement to provide new foreign-educated nurses with a complimentary digital subscription to the ANA's signature publication, American Nurse Today. CGFNS believes that the subscription will allow foreign-educated nurses to learn about the practices and challenges facing nurses in the US. To register for your complimentary subscription, please visit the CGFNS webpage.

H-1B CAP COUNT: 42,000

The H-1B cap count has passed the halfway mark. 42,000 H-1B cap-subject petitions have been received as of May, 11, which is the most recent USCIS update. MU currently is projecting that the H-1B cap of 65,000 will be reached around June 8.

MU clients are encouraged to initiate their H-1B Petitions by May 25 in order to insure that their H-1B cap-subject petitions are received at the USCIS before the deadline.

Employees that need a "cap-subject" H-1B include:

* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school

* 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

H-1B Cap Count
Cap Type	Available	Received	Updated	MU Projection
Regular	65,000	42,000	5/18/2012	6/8/2012
US Masters	20,000	16,000	5/18/2012	6/1/2012

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AILA ANNUAL DINNER

For the last several years a group of AILA lawyers who practice in healthcare have gotten together for a dinner on the Thursday of AILA Annual week. Last year we had about 20 of us and it was great to catch up with old friends (and new ones!). It is a laid-back casual event.

If you are an AILA attorney who is interested in attending this year’s dinner, please let me know how many will be attending from your group by May 25. Friends, spouses, etc. are also welcome.

H-1B CAP COUNT: 36,700

The H-1B cap count has passed the halfway mark. 36,700 H-1B cap-subject petitions have been received as of May, 11, which is the most recent USCIS update. MU currently is projecting that the H-1B cap of 65,000 will be reached around June 10.

MU clients are encouraged to initiate their H-1B Petitions by May 25 in order to insure that their H-1B cap-subject petitions are received at the USCIS before the deadline.

Employees that need a "cap-subject" H-1B include:

* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school

* 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

H-1B Cap Count
Cap Type	Available	Received	Updated	MU Projection
Regular	65,000	36,700	5/11/2012	6/10/2012
US Masters	20,000	14,800	5/11/2012	6/1/2012

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JUNE 2012 VISA BULLETIN

The Department of State has just released the June 2012 Visa Bulletin.

The Department of State finally made the India and China EB-2 categories unavailable (indicated by a "U", in the chart below), as has been expected for some time. It is expected that these categories will progress to 2010 once the new fiscal year begins in October 2012. Chinese and Indian EB-2 petitions are still accepted for I-485 filing through May 31.

June 2012 Visa Bulletin
	All Other Countries	China	India	Philippines
EB-2	Current	U	U	Current
EB-3	08JUN06	08AUG05	15SEP02	22MAY06

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DEMAND FOR NURSES RISING IN US

Nursing demand in the US has been negligible in the last few years. Fewer nurses have been retiring and facilities’ nursing needs have been stagnate. As a result facilities’ demand for nurses has been flat since the start of the recession. A recent survey says that it appears that this dormant period for nursing needs is over.

As demand for nurses rises, medical practices are paying more to hire them, UBM Medical’s Physician’s Practice 2012 Staff Salary Survey suggests.

Nurses and nurse managers saw average salary increases of 4 percent and 12 percent. Registered nurses posted a 6.6 percent vacancy rate in 2011, up from 4 percent in 2010. Hospitals had 950 RN job openings at the end of 2011 in one market, Cincinnati. Trends are likely similar across the US.

Foreign-trained nurses traditionally filled these needs but the twin-killing engine of retrogression and the recession has decimated the ranks of foreign-trained nurses.

Will the rebounding economy lead to a sensible immigration policy for soon-to-be badly needed nurses? That remains to be seen.

H-1B CAP COUNT: 32,500

The USCIS has just updated the H-1B Cap Count. The latest H-1B usage numbers are listed in the chart below. MU Law is also listing its estimated dates when the H-1B cap will be reached for each category. We will regularly update the projection.

H-1B Cap Count
Cap Type	Available	Received	Updated	MU Projection
Regular	65,000	32,500	5/4/2012	6/1/2012
US Masters	20,000	13,700	5/4/2012	5/20/2012

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Many healthcare professions ordinarily qualify for H-1B status, includingPhysical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing positions.

International workers who are working in the U.S. on an H-1B visa with another cap-subject employer are not subject to H-1B cap. These cases are commonly referred to as “H-1B transfer” cases and may be filed at any time throughout the year.

Employees that need a "cap-subject" H-1B include:

* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school

* 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

DS-160 TIPS

A nonimmigrant visa (or temporary visa) is any visa that is not an immigrant visa (green card). Typical nonimmigrant visas include the H-1B, B-1/B-2, L-1, and F-1. If you click on the links, you will find details of each of these visa types.

For foreign nationals who are overseas, the process calls for a filing by the immigration attorney here in the US with the USCIS. Once approved, the USCIS issues an I-797, Notice of Action (Approval Notice). The chosen Consulate or Embassy is then notified of the approval and the Beneficiary makes an application with the Consulate or Embassy.

The applicant must complete a DS-160 Online Nonimmigrant Visa Application. The DS-160 is a confusing Application for some. The US Embassy in Kingston, Jamaica has produced a very helpful Slide Show to assist applicants. MU Law invites our clients and friends to review this before completing the DS-160.