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Chris Musillo on Nurse and Allied Health Immigration

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  1. LAST CHANCE FOR H-1B CAP PETITIONS

    by , 03-30-2017 at 08:24 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The H-1B cap requires that all H-1B petitions are received at the USCISí California Service Center or Vermont Service Center by Friday April 7, 2015. Below are some key points to keep in mind about this yearís H-1B cap:

    -The USCIS makes no accommodation for delays caused by couriers. Accordingly, MU Law will file the vast majority of its H-1B petitions on March 31 for delivery by April 3, which is the first day that H-1B petitions are accepted.

    -Premium Processing Service (PPS) has been suspended, starting April 3, 2017. The suspension may last for six months. The suspension includes all H-1B petition filings, such as H-1B cap cases, H-1B amendments, H-1B transfers, and H-1B extensions.

    -In 2016, H-1B lottery results were not finalized until June. It may even take the USCIS longer than in past years to notify all H-1B cap winners and losers.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.
  2. H-1B CAP DEMAND VS. UNEMPLOYMENT RATE

    by , 03-27-2017 at 09:32 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    In 2009, a mere 9,000 H-1Bs were received in the first month of H-1B processing. It would be 264 days before the H-1B cap was reached. In 2010, it took 300 days until the H-1B cap was reached. In 2011, there were 236 days between the April 1, 2011 cap opening and the November 23, 2011 cap being reached. Not coincidentally, the US employment rate from 2009-2011 ranged between eight and ten percent.

    On the other hand, the H-1B cap was reached on the very first day in 2007, 2008, each year since 2013, mirroring the low unemployment rate.





    The lack of H-1B petition filings in years when the unemployment rate is high is compelling evidence against the argument that internationally-trained workers are being used to displace American workers and lower US workers' salaries.


    Why? Because if H-1B visa labor was being used primarily to lower US workersí salaries, then H-1B filing numbers would not correlate with US unemployment rates. If anything, the reverse would happen because the incentive to reduce workersí salaries is likely greater in a recessed economy, not less.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.


    Updated 03-27-2017 at 09:35 AM by CMusillo

  3. UPDATE: AILA CONFIRMS NO NEW POLICY CHANGE FOR TN-1 ADVANCE PRACTICE NURSES

    by , 03-21-2017 at 08:42 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Yesterday we posted about a new problem, US CBP officers were denying advance practice nurses’ applications for TN-1 visas. The reports said that at least one US CBP officer was quoting a “change in policy”. AILA has now confirmed that there is no policy change. The law remains: advance practice nurses qualify for TN-1 visas.

    In our blog post, we called on US CBP
    quickly to clarify whether there was or was not a policy change. To this extent, US CBP acted swiftly and should be commended for their quick action.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.

    Updated 03-21-2017 at 09:26 AM by CMusillo

  4. DO ADVANCE PRACTICE NURSES QUALIFY FOR THE TN-1 ?

    by , 03-20-2017 at 10:58 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    There is a mystery afoot at the northern border. Last week reputable news organizations, such as the CBC, reported that advance practice nurses were being told that they no longer qualified for the TN-1 visa at the Canadian-Michigan border.

    The TN-1 visa is a visa authorized under NAFTA. All of the jobs on the NAFTA occupations list are eligible for TN-1 visas. The NAFTA list is purposely vague. It does not list job descriptions for the occupations. Any rational job description includes advance practice nurses under the registered nurse domain. For instance, the State of Michigan law on registered nursing, includes advance practice nurses as a subset of registered nurse. Advance Practice nurses have been using the TN-1 for 20+ years.

    US Customs and Border Protection has been silent on the issue. Immigration attorneys are unsure if the denials are based on one rouge officerís mistaken understanding of law, or if it is a policy-wide decision.

    Either answer is problematic. If it is a rogue officer, then the US CBP ought to acknowledge their error, re-train the officer, and announce that advance practice nurses are eligible for the TN-1.

    If not, the administration ought to explain the rationale behind its policy-decision. The administrationís own Department of Labor says that for US workers, Ējob opportunities for advanced practice registered nurses are likely to be excellent.Ē Protectionism may be a valid policy argument in some areas, but plainly not for advance practice nurses, who are the forefront of treating American patients.


    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.

    Updated 03-20-2017 at 11:00 AM by CMusillo

  5. MUíS MARIA SCHNEIDER NAMED TO CINCINNATI BAR ASSOCIATION BOARD OF TRUSTEES

    by , 03-16-2017 at 01:57 PM (Chris Musillo on Nurse and Allied Health Immigration)

    MU Law is proud to announce that MU Law's Maria Schneider has been named to the Board of Trustees of the Cincinnati Bar Association (CBA). Schneiderís two-year term will begin on May 1, 2017. She will be officially inducted at the CBAís Annual Meeting on April 27, 2017.

    Schneider founded, chaired, and now Vice Chairs the CBAís Immigration Practice Group. Twice, under Attorney Schneiderís direction, the Immigration Practice Group won the CBAís Ingenuity Award. Schneiderís cover article on President Trumpís Executive Orders on immigration will be featured in the CBA Report in April 2017.

    The CBA will reach itsí 150th Anniversary in January 2022. The CBA Board will focus on ď150 Prime,Ē a five-year strategically eruptive and positively disruptive plan to prepare, engage, envision, and motivate success representing attorneys in the Greater Cincinnati area. The CBA has 3800 members throughout the Greater Cincinnati community.


    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.
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