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Chris Musillo on Nurse and Allied Health Immigration


  1. October 2011 visa bulletin

    by , 09-12-2011 at 05:54 AM (Chris Musillo on Nurse and Allied Health Immigration)

    by*Chris Musillo

    The Department of State has just released the October 2011 Visa Bulletin. The October Visa Bulletin is the first Visa Bulletin of US Fiscal Year 2012.

    As recently has been the case, the dates moved up slowly but steadily, averaging a one month improvement.

    Oct 2011 Visa Bulletin

    All Other Countries



    The Visa Bulletin included this prediction on future movement of dates:

    Employment Second:

    Worldwide: Current
    China and India: The current cut-off date is approaching the most favorable date previously reached for applicants from China and India. The rapid forward movement is intended to generate demand based on new filings for adjustment of status at U.S. Citizenship and Immigration Services offices, which currently accounts for over 85% of all Employment-based number use. Once the level of demand increases sufficiently, it may be necessary to slow or stop the cut-off movement, and a retrogression of the cut-offs at some point during the year is a distinct possibility.
    Mexico: Current
    Philippines: Current
    Employment Third:
    Worldwide: up to one month
    China: one to three weeks
    India: up to two weeks
    Mexico: up to one month
    Philippines: up to one month
    Read the full Healthcare and Immigration Law Blog at or

    by , 08-31-2011 at 06:24 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    MU's Chris Musillo is one of the three presenting faculty members for the American Immigration Lawyers Association's September 13, 2011 teleconference on Consular Issues impacting Immigration: India, Philippines, and China. Chris will be speaking on hot issues effecting processing at the US Embassy inManila.
    From the AILA new release:
    Which are the consular posts that process the highest volume of visa applications? What are the most common issues visa applicants and their attorneys face when dealing with these posts? Are there ways to minimize the stress involved in processing H-1Bs and Blanket L and individual L-1 applications?
    The seminar wraps up with a Q&A session and will cover the following topics:

    Common Issues with H-1B, Blanket L and Individual L Applications at Post India
    Common Issues Faced by Applicants In Consular Posts In China
    Overcoming 214(b) at American Embassy in Manila When Seeking a Visa to Take a Licensing Exam
    How to Deal with Delays Caused by Administrative Processing

    To register for this teleconference, please visit the AILA website. The teleconference is approved for CLE credits in most states.
    Read the full Healthcare and Immigration Law Blog at or

    by , 08-29-2011 at 08:11 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Prevailing Wage Determination (PWD) usually is the first step in the processing of an employment-based green card. This is a necessary beginning step for most occupations, including IT and healthcare occupations. The PWD is filed with the US Department of Labor (DOL).

    In July, the DOL ceased processing PWDs as the direct result of a lawsuit affecting their H-2B applications. As a result of that lawsuit the entire PERM and Schedule A green card system has been disrupted.
    Until the DOL re-commences the processing of PWDs, PERM and Schedule A green card cases may be delayed. It does appear that the resolution is forthcoming. There are reports that the first PWDs in several weeks have been received by the immigration community. If you have any questions on this, please do not hesitate to contact Musillo Unkenholt.

    Read the full Healthcare and Immigration Law Blog at or
  4. H-1B CAP UPDATE: 25,300

    by , 08-24-2011 at 06:21 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    The Fiscal Year 2012 (FY2012) H-1B cap season began on April 1, 2011.Since April 1, a mere 25,300 H-1B cap-subject Petitions have been receipted by USCIS as of August 12, 2011. This is much lower than in recent years and likely reflects the fact that US employers are not hiring workers, including foreign-national workers.
    To put this in perspective, in FY 2011, which began April 1, 2010, the USCIS has receipted about 30,000 H-1Bs through August 1, 2010. In FY 2009, there was about 47,000 H-1Bs receipted in by USCIS through September 1, 2009. For the prior three fiscal years (FY 2006-08), the H-1B cap was reached on the very first day of filing.
    Many healthcare professions ordinarily qualify for H-1B status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing positions.
    For three years the H-1B demand has decreased. This is compelling evidence that H-1B workers are not used to drive down US worker's wages. If H-1B workers were used to drive down wages, H-1B demand would remain consistent in a decreasing economy, since US employers would still want to save money on salary expenses.
    Read the full Healthcare and Immigration Law Blog at or

    by , 08-16-2011 at 05:36 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    The National Board for Certification in Occupational Therapy (NBCOT) has announced that starting July 1, 2013, internationally educated occupational therapists will have new minimum educational standards to be eligible for the OTR Certification Exam. Internationally educated occupational therapists must either:

    Completion of an Entry-Level Bachelor's Degree in Occupational Therapy from a government authorized and/or WFOT approved college or university occupational therapy educational programAND a Post Professional Masters Degree in Occupational Therapy OR

    Completion of an Entry-Level Master's Degree in Occupational Therapy from a government authorized and/or WFOT approved college or university occupational therapy educational program

    NBCOT's Occupational Therapist Eligibility Determination (OTED) will be used to determine comparability to US accreditation occupational therapy educational standards and competencies. All internationally-educated occupational therapists approved for exam eligibility under current OTED eligibility standards must take and pass the OTR certification examination prior to July 1, 2013 if they do not hold an occupational therapy master's degree deemed comparable to a U.S. entry-level accredited master's degree in occupational therapy. After July 2013, internationally-educated occupational therapists will not be eligible for the OTR if they do not hold a US equivalent occupational therapy master's degree.
    NBCOT is the not-for-profit credentialing agency that provides certification for the occupational therapy profession.
    Read the full Healthcare and Immigration Law Blog at or
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