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Chris Musillo on Nurse and Allied Health Immigration

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  1. NEW DHS SECRETARY COMES WITH BAGGAGE

    by , 12-08-2017 at 11:49 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    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.”



    ____________

    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, Twitter and LinknedIn.
  2. FOREIGN NCLEX RATES CONTINUE TO RISE

    by , 12-04-2017 at 12:28 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    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.
    ____________

    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, Twitter and LinknedIn.
  3. NVC PROCESSING TIMES COULD SPEED UP IN 2018

    by , 11-29-2017 at 11:21 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    NVC and Consular Processing green card processing times could speed up in 2018 due to an unintended consequence of the Trump administration’s new requirement that all I-485, Adjustment of Status candidates must now undergo a green card interview.

    Why? The USCIS will take longer to process Adjustments of Status in 2018 because of the new interview requirement. Because of the elongated I-485 processing times, USCIS will be able to process fewer green card approvals in 2018. As a result, more green card numbers will spill over into Consular Process queue.

    We often see this phenomenon in the summer months, as we approach the end of a fiscal year. The DOS accelerates the Visa Bulletin in order to ensure that it uses the full allotment of employment-based visa numbers. We explained this phenomenon in a 2016 MU Law FAQ.

    Unsurprisingly, Charlie Oppenheim, the DOS’ guru on immigrant visa number allocation, recognized that the new I-485 interview rule may delay I-485 green cards during his October 2017 AILA “Check In With Charlie”.

    MEMBER QUESTION #1: When does USCIS request and allocate a visa number to an individual case?

    ANSWER #1: Per the agreed upon policy, USCIS will only request an immigrant visa number once all required processing is 100% complete, including conducting any required interview, receipt of a complete medical exam, all required clearances, etc.

    MEMBER QUESTION #2: Could you please confirm that a visa number that gets allocated to each applicant who has successfully passed the interview should be preserved for that applicant unless the applicant becomes ineligible for permanent residence?

    ANSWER #2: With regard to USCIS, though this is relatively rare, there are occasions in which USCIS requests a number, but before the adjustment of status application is fully processed, subsequent derogatory information comes to the officer’s attention which impacts eligibility. As another example, USCIS recently sent RFEs out on numerous EB-3 India cases which had been preadjudicated in anticipation that the final action date for this category would advance during August and September. Visa numbers were provided for those cases with the expectation that the applicants would respond to the RFEs in time to be approved before the end of the fiscal year. Unfortunately, hundreds of individuals did not respond in a timely manner, and USCIS determined that it would be unable to complete adjudication of those cases prior to September 30, 2017. Those cases were returned to “pending demand” status, and the visa numbers for those cases became available to other cases within FY 2017. USCIS was provided with a new number for each case once the requested evidence was received and successfully processed. As a result of new visa number requests for several hundred of these cases, the final action date for EB-3 India is not currently advancing. For consular processing cases, a visa number is allocated to a consular post for use during the month in which the visa applicant is originally scheduled for a visa interview. If the visa is not used during that month (i.e. the case is placed in administrative processing), the number is returned to the Visa Office at the end of the month.

    ____________


    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, Twitter and LinknedIn.
  4. SF CHRONICLE: TRUMP TO ELIMINATE H-4 EADs

    by , 11-20-2017 at 05:50 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The San Francisco Chronicle reports that the Trump administration plans to rescind the H-4 EAD rule. The H-4 EAD rule, which has existed for 2+ years, allows H-4 spouses of H-1B workers to work, provided that the H-1B primary spouse has completed the I-140 stage of the green card process. The Chronicle reports that 41,526 H-4 spouses earned work authorization through the program in the fiscal year through September 2016.

    The recession of the H-4 EAD rule is being pressed because of a lawsuit that questions whether USCIS ever had the legal authority to create the 2015 enabling rule. In a Motion made during the lawsuit, the administration hinted at the fact that they are in the processes of drafting a new rule that would rescind the H-4 EAD rule.

    A new rule however would have to go through the notice-and-comment period, which would delay the implementation of the rule. Notice and comment periods can take anywhere from a few months, to many years.

    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, Twitter and LinknedIn.
  5. DECEMBER 2017 VISA BULLETIN: ANALYSIS

    by , 11-14-2017 at 09:14 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the December 2017 Visa Bulletin. This is the third Visa Bulletin of Fiscal Year 2018. This blog post analyzes this month's Visa Bulletin.


    December 2017 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
    01JUL13
    01NOV08
    C
    C
    EB-3
    C
    08MAR14
    15OCT06
    C
    15JAN16

    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: India EB-2 progressed about one month, which is what we except the monthly progressions will be in FY 2018. Unfortunately, India EB-3 did not move. Recently, the DOS said that EB-3's progression will be "limited." 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 stayed in January 2016, reflecting the fact that demand for the Philippine EB-3s recommenced heavy demand in 2016. This increased demand will be the cause for slower progressions in the FY2018, progressing no more than 1-2 months per Visa Bulletin.


    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, Twitter and LinknedIn.

    Updated 11-14-2017 at 09:17 AM by CMusillo

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