NEW YORK STATE WILL REQUIRE BACHELORS FOR NURSES

New York State is the first state in the US to require a Bachelors of Science in Nursing for all nurses.  The BSN must be obtained within 10 years of practice, starting with nurses first licensed in New York in Summer 2019.  All currently-licensed New York State nurses are grandfathered into the current licensing systems and do not have to obtain BSNs.

This new educational requirement may allow foreign nurses who apply for nursing licenses in the US to apply for the H-1B visa.  The H-1B is normally of limited value to foreign nurses because the USCIS often denies H-1B RN petitions.  However, with the new BSN requirement, the USCIS may approve H-1B petitions filed on behalf of foreign-educated nurses.  It remains to be seen how the USCIS updates its policy in light of the updated New York State licensing requirement.

TRUMP TO ELIMINATE EADs FOR H-4 SPOUSES

In yet another anti-business immigration measure, the Trump demonstration has begun taking steps to eliminate H-4 EADs.  Some outlets are reporting that the H-4 EAD rule could be rescinded as soon as February 2018.  News reports have been predicting the end of H-4 EADs for several months.

Now, the Administration has published notice that it intends to “modify” the program.  Most expect that the modification will be the elimination of the H-4 EAD program. 

This rule is yet another example that Pres. Trump is not just against illegal immigration, he is against any immigration.  There is no rational basis to make this change, other than as a gift to his xenophobic followers.  He would eliminate hundreds of thousands of taxpayers at a time when the federal deficit is expected to increase by $1.4 trillion.

Traditionally when programs like this end, the government allows those with valid EADs to continue to be able to work until the end of the EAD period.  Accordingly, MU Law advise those H-4 spouses who are eligible for EADs to file immediately.  Likewise, if your H-4 EAD is set to expire in the next few months, you should immediately file an EAD extension. 

VISA BULLETIN JANUARY 2018: ANALYSIS AND PREDICTIONS

The Department of State has just issued the January 2018 Visa Bulletin.  This is the fourth Visa Bulletin of Fiscal Year 2018.  This blog post analyzes this month's Visa Bulletin.

January 2018 Visa Bulletin

Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

EB  Class	All Other	CHINA	INDIA	MEXICO	PHIL'PNES
EB-1	C	C	C	C	C
EB-2	C	01AUG13	22NOV08	C	C
EB-3	C	15APR14	01NOV06	C	15FEB16

MU Law Analysis

All Other:  The EB-2 has been current for many years.  The EB-3 is also current and is expected to remain current for the foreseeable future.

China (mainland-born):  Both China EB-2 and EB-3 progressed about one month.  The China EB-3 remains more favorable than Chinese EB-2.  The odd situation of China EB-3 progressing faster than China EB-2 will remain to be the case for the foreseeable future.

India:  Both India EB-2 and EB-3 progressed about two weeks, which is about what we expect that the monthly progressions will be in FY 2018.  MU suspects that EB-3 will not progress at any notable rate until at least the India EB-3 date moves past the Visa Gate date of August 2007.

Mexico: Mirrors All Other in analysis.

Philippines: The Philippine EB-3 date moved one month, after not moving in the December 2017 Visa Bulletin.  Because of increased demand will expect slower progressions in the FY2018, progressing no more than 1-2 months per Visa Bulletin.

NEW DHS SECRETARY COMES WITH BAGGAGE

In July, President Trump elevated Gen. Kelly from his initial cabinet position, Secretary of Homeland Security, to Chief of Staff.  Despite plenty of time for golfing, the President then waited three months to nominate a new Secretary of Homeland Security.  Finally, in October, the President nominated Kirstjen M. Nielsen for the position. 

The Department of Homeland Security oversees, among other sub-agencies, USCIS.  USCIS, of course, reviews nonimmigrant and immigrant visa petitions.

Earlier this week, the Senate confirmed the nomination by the smallest margin ever for the position, 62 to 37.  For comparison’s sake, Gen. Kelly received 88 votes in favor and only 11 against, when he was approved by the Senate earlier this year.

Ms. Nielsen reportedly comes with baggage.  She is caught up in an ethics complaint.  The allegation is that she used a private consultant to help guide her through the Senate review process.  The consultant, in turn, will now be seeking millions in federal contracts from Ms. Nielsen.

She reportedly was also not highly regarded at her prior two positions in the White House and at DHS. Axios said that on Ms. Nielsen,

“Nielsen is not a beloved figure at DHS; just as she wasn't inside the White House. She has a very sharp-elbowed approach to doing business and doesn't command anywhere near the respect that her predecessor, Kelly, did, according to more than half a dozen sources who've worked with her.”

FOREIGN NCLEX RATES CONTINUE TO RISE

The latest 2017 NCLEX statistics show that foreign-trained nurses are taking and passing NCLEX at the highest rates since the peak years of 2006-2007.  Almost 10,000 foreign-trained nurses have taken and passed the NCLEX in 2017.  US NCLEX pass numbers have been ticking upward since 2014, although at a much smaller rate than foreign-trained nurses

These numbers are considerably lower than the peak years of last decade.  In 2006, 20,907 internationally educated RNs passed the NCLEX exam. In 2007, the volume jumped; 22,827 internationally educated nurses passed the NCLEX exam. With the onset of retrogression, 2008 saw a slight decline; 18,905 internationally educated RNs passed the exam.

Year	US	Fgn
2014	149,980	4,555
2015	154,955	5,382
2016	154,749	8,332
2017	157,000	9,200

Note that the 2017 statistics are MU Law generated estimates.  The 2017 results will not be published until January.