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Chris Musillo on Nurse and Allied Health Immigration

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  1. US ENVOY TO PN NURSES: “BE GREAT”

    by , 04-07-2011 at 02:49 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    "Dare to be great nurses... Dare to build a better Philippines and a betterAmerica." This was US Envoy to the Philippines Henry Thomas' challenge to the graduating class of Angeles University Foundation's College of Nursing on Saturday.
    While his challenge was clear, his views on the likelihood of the retrogression were less so. "All I can say is, clearly, there's a demand in the US but also, as President Obama has said, we have nursing graduates in the US who also have to finish their examinations and obtain jobs."
    This wishy-washy statement perfectly captured President Obama's inconsistency and lack of focus on the necessity of alleviating the retrogression. On one hand, the President has said many of the right things on making an immigration system that is fair to all - American patients, American healthcare staff, and foreign-trained healthcare staff. On the other hand, his lack of action and lack of leadership has frustrated all stakeholders.
    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  2. FOREIGN AFFAIRS MANUAL UPDATED

    by , 04-04-2011 at 09:27 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    The Department of State has updated their Foreign Affairs Manual (FAM) to reflect the fact that B1/B2 applicants ought to be given visas to come to the US to take the NPTE.MU encourages all B1/B2 applicants who had been denied B1/B2 visas for this reason to re-apply for a B1/B2 interview.
    As we mentioned in our last MU update, all applicants will still need to prove non-immigrant intent, i.e. that the applicant maintains a non-US residency and intends to leave the US at the conclusion of their visit to the US. Failure to prove nonimmigrant intent remains a valid reason for the Consular/Embassy official to deny the B1/B2 application.
    Updated FAM:
     
     
    9 FAM 41.53 N4.1 General Licensure Requirement
    for H Nonimmigrant
    (CT:VISA-1635; 03-31-2011)
    The requirements for classification as an H-1B nonimmigrant professional
    may or may not include a license because States have different rules in this
    area. If a State permits aliens to enter the United States as a visitor to take
    a licensing exam, then USCIS will generally require a license before they will
    approve the H-1B petition. However, some States do not permit aliens to
    take licensing exams until they enter the United States in H-1B status and
    obtain a social security number. Therefore, a visa should not be denied
    based solely on the fact that the applicant does not already hold a license to
    practice in the United States.
    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  3. B1/B2 VISAS SHOULD BE AVAILABLE TO NPTE REGISTRANTS

    by , 03-30-2011 at 12:47 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    As many MU friends and clients are aware, US Embassies have been denying PT applicants a B1/B2 visa, if the applicant has sought to come to the US to sit for the NPTE. The denials have been based on the Embassy mistakenly belief that taking the licensing exam is not a valid reason to enter the US on a B1/B2.
    MU just has learned the Department of State's HQ office in Washington DC is in the process of issuing a revised guidance to the US Embassies, including Manila. The Guidance should correct this mistaken policy.
    Please keep in mind that all applicants will still need to prove non-immigrant intent, i.e. that the applicant maintains a non-US residency and intends to leave the US at the conclusion of their visit to the US.
    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  4. INDIA EB-2 SHOULD LEAP FORWARD

    by , 03-29-2011 at 08:02 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    The Department of State has told AILA that because of decreasing demand for EB-1 visa numbers, the EB-2 category will be given at least 12,000 additional visa numbers. The 12,000 numbers will largely be given to Indian EB-2 applicants. EB-2 Chinese natives may also be positively impacted by this news.
    The May 2011 Visa Bulletin, which should be released in mid-April 2011, should reflect this news.
    The EB-2 category is appropriate for positions that require a Masters Degree or a Bachelors Degree and five years of progressive experience and typically includes Doctors, Physical Therapists, Occupational Therapists, and other professions that require advanced degrees.
    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
     
     
  5. Fewer Nurses Means Greater Risk of Death

    by , 03-22-2011 at 07:20 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by*Chris Musillo

    Sometime in 2011, Congress may wish to revisit the*US' immigration policy. MU has consistently called on Congress to raise the artificial limits on true shortage occupations, such as Registered Nursing. At present, it takes a fully-qualified foreign-trained Registered Nurse about six years to obtain an immigrant visa. These nurses pass identical licensing exams to US nurses. They also must pass English fluency exams.
    The Department of Labor continues to point to nursing as one of the*occupations in the shortest supply.
    Now, comes a*March 17, 2011*New England Journal of Medicine*research paper confirming that*Fewer Nurses Means a Higher Risk of Death. The study, authored by well known researchers such as Dr. Peter Buerhaus, cites hundreds of thousands of admissions and nurse work shifts. The researchers found that*a patient's risk of death increased by about two percent for each work shift that was what the researchers categorized as understaffed.
    The study was also subject of a recent*Scientific American*podcast, which is freely available for download.
    The*US' immigration policy is woeful on so many fronts, but liberalized nurse visa rules should be a simple one to fix because the benefits to Americans would be enormous.

    *
    Read the full Healthcare and Immigration Law Blog at*www.musillo.com*or*www.ilw.com.
    *
    *
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