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Chris Musillo on Nurse and Allied Health Immigration

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  1. DHS DIR. CISSNA CONTINUES THE ASSAULT ON H-1Bs

    by , 04-30-2018 at 08:53 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Earlier this month, USCIS Director Francis Cissna in a letter to Sen. Grassley (R-IA) described a number of forthcoming policies aimed at restricting the H-1B. Dir. Cissna’s policy changes hide behind fraud concerns. The real target is reducing legal immigration.

    The new restrictions that USCIS plan to unilaterally impose include:


    • Rewrite the definition of “Specialty Occupation”. USCIS will rewrite the definition of specialty occupation. Under the current “bottom-up” approach, US employers decide who comes to America. The agency’s “big government” rewrite will create more regulation, more USCIS officer discretion, and less accountability for USCIS officers. These policies are being produced because the administration thinks that it knows who are the “best and brightest,” instead of the marketplace.






    • Ratcheting up third-party worksite H-1B denials. Despite no objective evidence that fraud exists in third-party staffing situations, USCIS seeks to ask for additional evidence that it does not ask for in first-party worksite assignments. This issue seems ripe for litigation. It seems inevitable that an H-1B employer will successfully challenge the Service’s overreaching requests in this area.


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    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.
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