NPTE TEST DATES FOR 2014

The FBSPT has recently published the 2014 National Physical Therapy Exam (NPTE) test dates.  MU Law reminds readers to schedule their 2014 Physical Therapy NPTE exams.  

Keep in mind that the FSBPT uses a fixed-date testing process.  The FSBPT approach is different than other healthcare occupation's examination processes, which allows for rolling testing dates. FSBPT believes that their fixed-date testing system provides the most secure exam for their industry.

Be sure to register well in advance in order to insure that your seat is reserved.

Test Date	Registration Payment Deadline	Jurisdiction Approval Deadline	Seats are reserved for PT candidates until:	Scores Reported to Jurisdictions
January 29, 2014	December 23, 2013	Jan. 2, 2014	January 15, 2014	February 5, 2014
April 30, 2014	March 26, 2014	April 2, 2014	April 16, 2014	May 7, 2014
July 22&23, 2014	June 17, 2014	June 24, 2014	July 8, 2014	July 30, 2014
October 29, 2014	Sept. 24, 2014	Oct. 1, 2014	Oct. 15, 2014	Nov. 5, 2014

HEALTHCARE IS FIVE PCT OF H-1Bs

The USCIS has just released its Characteristics of H1B Specialty Occupation Workers report.  As its name implies, the report contends loads of data about the H-1B program.  Notable for readers of this blog is that Occupations in Health and Medicine made up approximately five percent of all H-1Bs petitions approved in 2012 (Table 8A).  Keep in mind that these figures include H-1B extensions and concurrent H-1Bs.  The data does not break out H-1B cap-subject petitions.

The report details a load of interesting data, including the below excerpt from the summary.  The data refutes much of the complaints about the H-1B program, including the criticism that it is used as a way to facilitate cheap foreign labor.  The median salary of $70,000 is much higher than the US median salary of $26,695.  The average Computer Programmer salary was $71,380, more or less in-line with the overall H-1B salary figure listed in this report.

·                     The number of H-1B petitions filed increased 15 percent from 267,654 in FY 2011 to 307,713 in FY 2012.

·                     The number of H-1B petitions approved decreased 3 percent from 269,653 in FY 2011 to 262,569 in FY 2012.

·                     Seventy-two percent of H-1B petitions approved in FY 2012 were for workers between the ages of 25 and 34. 

·                     Forty-six percent of H-1B petitions approved in FY 2012 were for workers with a bachelor’s degree, forty-one percent had a master’s degree, 8 percent had a doctorate, and 4 percent were for workers with a professional degree.

·                     Sixty-one percent of H-1B petitions approved in FY 2012 were for workers in computer-related occupations.

·                     The median salary of beneficiaries of approved petitions remained at $70,000 for both FYs 2011 and 2012.

GUILTY VERDICT IN H-1B NURSE SCHEME

Last month MU Law posted a blog about an alleged H-1B nurse visa scheme that resulted in a federal indictment and trial.  The verdict is in.  US Citizen Kizzy Kalu was found guilty of 89 criminal counts, including visa fraud, mail fraud, money laundering, and human trafficking.  

The allegations included information that Mr. Kalu misled the USCIS, alleging that the nurses would work as instructors/supervisors at Adam University.  Nurse instructor/supervisors are generally held to be specialty occupations, which makes these positions eligible for H-1B approval. 

The prosecutors proved that Adam University existed largely in name only and had no genuine need for nurse instructor supervisors.  The nurses actually worked as regular nurses at salaries below prevailing wage.  Regular nursing positions are usually ineligible for H-1B approval.

The government also proved that Mr. Kalu forced the nurses to kick back a portion of their salary and threatened to have their visas revoked if they did not comply with his scheme.  The full press release is available on the US Department of Justice’s website.   Mr. Kalu's sentencing is set for September 23, 2013.

AUGUST 2013 VISA BULLETIN

The Department of State has just released the August 2013 Visa Bulletin.   There has been a dramatic jump for India EB2.  MU Law expected that an India EB2 progression would happen, although it took a lot longer than we expected.  Suffice it to say, had it happened earlier in the year, today's  jump would not have been as dramatic.  Nevertheless, the India EB2 jump is welcome news.

Unfortunately, no other category moved more than a few weeks and most employment-based categories did not move at all.

August 2013 Visa Bulletin
	All Other Countries	China	India	Philippines
EB-2	Current	08AUG08	01JAN08	Current
EB-3	01JAN09	01JAN09	22JAN03	22OCT06

SIA ARTICLE: BENEFIT OF COUNSEL

MU Law's Chris Musillo was asked to author an article for Staffing Industry Analysts.  SIA has published an article in SIA's July issue of SI Review.   An internet copy of the article appears on the SIA webpage.

In the article Chris discusses the Comprehensive Immigration Reform debate and what may happen if CIR is passed.  Chris concludes:

Contingent labor and staffing companies have traditionally been large users of foreign-trained employees. These employees have proven to be beneficial for employers and American society as a whole. It is incumbent on the industry to make sure that Congress hears this story or else misperceptions, and not realities, will drive future legislation and regulation.

HOUSE STARTS MOVING: SKILLS ACT PASSES

The House Judiciary Committee has passed the Supplying Knowledge Based Immigrants and Lifting Levels of STEM Visa Act (SKILLS Act).  Rep. Darrell Issa (R-CA) sponsored the SKILLS Act.  He has 20 co-sponsors. 

The SKILLS Act would nearly triple the H-1B cap and also increase employment-based green card numbers.  Notably, Sec. 110 of the Act sets aside 4,000 immigrant visas for healthcare occupations, including nurses, physical therapists, occupational therapists, and other allied healthcare workers who work in rural or undeserved areas.  These immigrant visas are immediately available and not subject to retrogression.  

This is the first step toward a House CIR bill.  The House is expected to spend the summer debating, proposing  and amending a variety of provisions.  Together these provisions will become the House CIR bill.  

The House may administratively decide to have several smaller bills, rather than one large CIR bill, as has been done in the Senate.  It remains to be seen if this strategy proves to be successful.