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Chris Musillo on Nurse and Allied Health Immigration

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  1. OFWs at NAIA

    by , 03-08-2011 at 06:17 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    Effective March 1, 2011 all Overseas Philippine Workers (OFW) who are exiting the Philippines via Ninoy Aquino International Airport must pass through the POEA's Labor Assistance Center prior to boarding their airplane.
    The purpose behind the procedure is to insure that all OFWs are properly documented and have their proper POEA clearance. The POEA's press release says that priority exit lanes will be put into place for recruiting companies who are recipients of performance awards.
    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  2. FOURTEEN HEALTHCARE WORKERS INDICTED IN CHICAGO

    by , 02-28-2011 at 08:27 AM (Chris Musillo on Nurse and Allied Health Immigration)

    by Chris Musillo

    Fourteen healthcare workers - mostly members of the healthcare immigrant community - have been indicted in Chicago on healthcare fraud violations. Nine of the defendants work in home healthcare. While the immigration status of the individuals is not known, it is known that most are members of the immigrant community.

    If these allegations are true, the immigrant status of these individuals could be impacted, including removal from the United States. MU applauds the DOJ for its work on combating fraud in the healthcare industry.

    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  3. B1/B2 visa issues at Manila Embassy

    by , 02-18-2011 at 12:16 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    MU has had several clients inform us that the Manila Embassy has been denying B1/B2 visas to applicants who need the B1/B2 visa in order to come to the US and sit for the National Physical Therapist Exam (NPTE). MU is working with the Department of State in order to try and solve the problem. The problem stems from the Embassy's misinterpretation of the recent Georgia decision and the need for an NPTE in advance of licensure.
     
    If you have had your B1/B2 denied at the Consulate because the officer mistakenly believes that the NPTE is not required for PT licensure please either add your comment to the MU Healthcare Immigration Law blog, our Facebook page, or email Chris Musillo or Cindy Unkenholt.
     
    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  4. March 2011 Visa Bulletin

    by , 02-14-2011 at 09:16 AM (Chris Musillo on Nurse and Allied Health Immigration)


    by Chris Musillo
     

    The Department of State has just released the March 2011 Visa Bulletin, which is the sixth Visa Bulletin for US Fiscal Year 2011. This Visa Bulletin had very small progress in several classifications.
     




    March 2011 Visa Bulletin


     
    All Other Countries
    China
    India
    Mexico


    EB-2
    Current
    08JUL06
    08MAY06
    Current


    EB-3
    01JUL05
    22JAN04
    15MAR02
    08Jan04



    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  5. FSBPT’S POLICY RULED INVALID AND UNENFORCEABLE IN GEORGIA

    by , 02-10-2011 at 01:53 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo and Cindy Unkenholt

    As readers of this blog certainly are aware, last summer the FSBPT took the unprecedented action of barring graduates from schools located in Egypt, India, Pakistan and the Philippines from taking the National Physical Therapy Examination (NPTE).

    On February 9, a Georgia court ruled that the FSBPT's policy is illegal in Georgia. Barring any last minute legal maneuvers by the FSBPT and/or the Georgia State Board of Physical Therapy, impacted applicants for licensure in Georgia should soon be able to both apply for licensure and have the same availability to take the NPTE as every other applicant. If the Georgia State Board fails to offer a test, it will be in contempt of the court order.

    This leads MU to predict an increase in applications for licensure through Georgia until other State Boards insist that the FSBPT allow their candidates unrestricted access to the NPTE or are forced to do so through similar litigation.

    MU, through our association with the AAIHR, worked hard on the legal effort. We are very pleased to see that the Georgia court has found in favor of the Physical Therapists and did not allow an illegal policy to continue

    The Decision presently is limited to applicants to Georgia. Other states are free to adopt the Georgia court's ruling. MU is working through our association with the AAIHR to see that the logic behind the Georgia decision is applied to other states. It is now incumbent on other state boards of Physical Therapy immediately to:

    1) resume processing of all qualified applications for Physical Therapy licensure;
    2) obtain immediate authorization (through an emergency Board Meeting if necessary) to declare the actions of the FSBPT impermissible; and
    3) notify the FSBPT that each State Board mandates that all candidates who are deemed eligible and authorized to take the NPTE be immediately accommodated without respect to country of education.

    Any readers to this Blog are encouraged to call their state boards. The FSBPT must be encouraged to rescind this policy on a national basis. It is only with pressure on the State Boards that the policy will be nationally rescinded.

    Unquestionably, the integrity of the NPTE must be maintained. However, it must be maintained in a nondiscriminatory and legal manner that does not penalize innocent individuals.

    Specifically, the court has agreed that the policy of the FSBPT which barred access to the NPTE to certain Physical Therapists based upon the country of education was impermissible and has entered Declaratory Judgment and a Permanent Injunction against the FSBPT and the Georgia State Board. The Court specially barred the Georgia Board and the FSBPT from:

    a. enforcing the Testing Prohibition, in whole or in part, in the Georgia;
    b. taking any action which would prohibit candidates eligible for physical therapy licensure under Georgia law from registering for and taking the NPTE;
    c. engaging in any action that would subject candidates eligible for physical therapy licensure under Georgia law who graduated from physical therapy programs in Egypt, India, Pakistan, or the Philippines to any testing requirements, measures, conditions, terms, or circumstances different than those imposed on all other candidates eligible for physical therapy licensure in Georgia;
    d. permitting any individual or entity to impose testing requirements, measures, conditions, terms, or circumstances inconsistent with Georgia law upon any candidate eligible for physical therapy licensure in Georgia.

    If you have any questions or would like any additional information, please do not hesitate to contact Chris Musillo or Cindy Unkenholt.
     

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