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Chris Musillo on Nurse and Allied Health Immigration

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  1. REVISED VISA BULLETIN REVEALS TONE DEAF USCIS

    by , 09-26-2015 at 11:40 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    On late Friday afternoon the USCIS and DOS issued a revised October 2015 Visa Bulletin. The new revised Visa Bulletin has a devastating impact on those in the US and who qualify as China EB-2, India EB-2, and Philippines EB-3.


    Revised October 2015 Visa Bulletin (Changes in bold)


    Employment- Based All Other CHINA - mainland born INDIA PHILIPPINES
    1st C C C C
    2nd C 01JAN13 01JUL09 C
    3rd 01SEP15 01OCT13 01JUL05 01JAN10



    Original October 2015 Visa Bulletin

    Employment- Based All Other CHINA - mainland born INDIA PHILIPPINES
    1st C C C C
    2nd C 01MAY14 01JUL11 C
    3rd 01SEP15 01OCT13 01JUL05 01JAN15



    The USCIS published a stilted “explanation” for the revision,

    Following consultations with the Department of Homeland Security (DHS), the Dates for Filing Applications for some categories in the Family-Sponsored and Employment-Based preferences have been adjusted to better reflect a timeframe justifying immediate action in the application process.


    For the most part I stay away from commentary on this blog. Not today.

    This revised Visa Bulletin means that the majority of people who could have filed their I-485s on October 1, 2015, now must indefinitely wait. Allowing long-suffering workers the flexibility that would come with the filing of I-485s would have been excellent policy. Implementing that policy was excellent government action. Implementing the policy and then rescinding the policy is incompetence.

    These government bureaucrats are tone-deaf to the actual human beings behind these petitions. These agencies had ten months to implement this system. The idea that these agencies only consulted in the last two weeks is preposterous.

    Many of these immigrant workers spent thousands of dollars hiring counsel to prepare their Applications. They took time off from their jobs to subject themselves to ridiculously unnecessary (and costly) medical examinations.

    Worse than the dollars spent and the time spent is the crushing of these immigrants’ hope. These are the immigrants who continually get trashed by an immigration system that cannot get out of its own way.

    There are already rumors that the USCIS and DOS are being threatened with lawsuits. There is also a rumor that the USCIS and DOS may not want to repeat the fiasco that was the Visa Gate in 2007, and therefore may rescind this Revised Visa Bulletin.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com. You can also visit us on Facebook and follow us on Twitter.
  2. FCCPT: ICMT CLAIMS ARE FALSE

    by , 09-25-2015 at 09:49 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Foreign Credentialing Commission on Physical Therapy (FCCPT) has posted notice on its website that the Indian College of Management & Technology is making false claims about its relationship with FCCPT. FCCPT issued a cease and desist letter to ICMT on August 26, 2015.

    According to FCCPT, ICMT claims to provide “A Program 100% Approved and Accepted by F.C.C.P.T, USA”. FCCPT comments that “ICMT has no working relationship with FCCPT, and FCCPT has not approved coursework completed at ICMT. FCCPT accepts some coursework completed at ICMT study centers for recognized Indian Universities with recognized physiotherapy education programs. However, all credits must be granted by the Universities.” FCCPT reminded applicants to limit their coursework to recognized educational institutions if the applicants want their coursework to be credited.


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

    by , 09-23-2015 at 10:53 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Because of the long‐term personnel shortages in the healthcare industry, foreign‐educated and trained personnel must play a part in the solution to the healthcare problem that America is facing. Stakeholders are actively trying to abate this problem through investments in foreign educated personnel.

    These investments will only be sustainable if the standards of this industry meet the high standards set by the healthcare industry. The Ethical Code developed by the AAIHR takes a 360 degree approach to ethical recruitment and ensures responsible international healthcare recruitment.

    As a member of the AAIHR Code of Ethics Committee, I have seen the Code work in practice. Our office has endorsed the AAIHR Code of Ethics. If you are a stakeholder in the world on international healthcare recruitment, please consider endorsing the Code and/or joining the AAIHR.


    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com. You can also visit us on Facebook and follow us on Twitter.
  4. MORE NEWS AND ANALYSIS ON THE NEW VISA BULLETIN

    by , 09-16-2015 at 08:32 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    AILA has published a new Q&A with Charlie Oppenheim, who is the DOS’ Visa Bulletin guru. Charlie points out a number of interesting points about the new Visa Bulletin.


    • The DOS may not always publish a monthly Dates of Filing chart. If it does not publish a chart, then the only I-485s that will be accepted by USCIS are those petitions with priority dates earlier than the “Final Action” chart. Each month, the Visa Bulletin will indicate whether USCIS will accept adjustment applications during the upcoming month.


    • The new Visa Bulletin will not slow the overall processing times for immigrant visas.


    • Charlie does not expect the “Final Action” chart to retrogress for the foreseeable future. The DOS expects to be able to give better forewarning when retrogression may occur. The “whiplash” effect of dates moving aggressively forward and backward is expected to no longer occur because the DOS will have much better data regarding the actual number of immigrant visas that are being demanded.


    • The “Dates of Filing” Visa Bulletin chart is not expected to change much from month to month, but when it does move it is expected to move only forward, albeit slightly.


    • The “Dates of Filing” chart always has always existed but its application was limited to Consular Process petitions. Overseas immigrant visa petitioners have always received their NVC Fee Bills several months earlier than indicted by the Visa Bulletin. The only change that has occurred is that the DOS is now publishing this chart.


    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com. You can also visit us on Facebook and follow us on Twitter.
  5. ANALYSIS: NEW VISA BULLETIN ALLOWS EARLY FILING OF I-485s

    by , 09-09-2015 at 04:53 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    In a ground-breaking change, the Department of State and the USCIS have changed their process for accepting I-485, Applications for Adjustment of Status. Adjustment of Status applications will now be accepted earlier than when the priority date is current.

    The Department of State will now publish two Employment-based Visa Bulletin charts each month: (1) Application Final Action Dates (dates when visas may finally be issued); and (2) Dates for Filing Applications (earliest dates when applicants may be able to apply).

    The earlier filing of the I-485 has several direct benefits for both employers and employees:


    • Applicants can file for their Employment Authorization Documents (EADs) concurrently with their I-485. This allows Applicants to take advantage of the AC-21 rule for same or similar employment. This also allows applicant to work at second jobs.
    • Applicants can file for their Advance Paroles (APs) concurrently with their I-485. This allows Applicants to travel without having to obtain a new visa stamp.
    • Spouses of applicants can apply for both EADs and APs. This allows spouse’s work authorization.
    • Fewer H-1B amendments and extensions should need to be filed. None of the H-1B amendment rules apply to people who hold EADs.


    If you are an employer or an employee who can now file an I-485, please contact our office so that we can prepare and file your I-485.

    The new October 2015 Visa Bulletin is:

    A. APPLICATION FINAL ACTION DATES

    This Chart is comparable to the old Visa Bulletin.


    Employment- Based
    All Other
    CHINA - mainland born
    INDIA
    PHILIPPINES
    1st
    C
    C
    C
    C
    2nd
    C
    01JAN12
    01MAY05
    C
    3rd
    15AUG15
    15OCT11
    08MAR04
    01JAN07


    B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

    Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart may:



    • Consular Applicants: assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions.
    • Adjustment of Status Applicants: file Adjustment of Status, EAD and APs.



    Employment- Based
    All Other
    CHINA - mainland born
    INDIA
    PHILIPPINES
    1st
    C
    C
    C
    C
    2nd
    C
    01MAY14
    01JUL11
    C
    3rd
    01SEP15
    01OCT13
    01JUL05
    01JAN15


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