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Chris Musillo on Nurse and Allied Health Immigration


  1. Keeping our eye on the H-1B Count:

    by , 11-11-2010 at 07:44 AM (Chris Musillo on Nurse and Allied Health Immigration)

    by Cindy Unkenholt and Chris Musillo

    Keeping our eye on the H-1B Count: According to the USCIS as of November 5, 2010, approximately 46,800 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 17,200 H-1B petitions for aliens with advanced degrees. There are 65,000 "regular" cap-subject visas and 20,000 "advanced degree" H-1Bs".

    Several healthcare occupations regularly utilize the H-1B visa including, Physical Therapists, Occupational Therapists, Speech Language Pathologists, and some Registered Nurses.

    Read the full Healthcare and Immigration Law Blog at or

  2. NPTE-i Registration and Lawsuit

    by , 11-05-2010 at 07:58 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    Physical Therapists educated in the Philippines, India, Egypt and Pakistan are now eligible to register for the NPTE-i. The NPTE-i is the FSBPT's licensing exam will be given on May 25, 2011. FSBPT claims that the segregated exam is necessary because of pervasive, ongoing security breaches by graduates of physical therapy schools from these countries, although their evidence for this claim is unavailable to the public.

    Several plaintiffs sued the Georgia Board of Physical Therapy earlier this week. The lawsuit alleges that the FSBPT's examination policy is discriminatory and violates both federal and state law, and that this discrimination is intentional.

    The lawsuit also names the FSBPT as a Defendant. Success in that lawsuit likely will compel the FSBPT to revoke their policy, although it may take many months before any resolution is reached. If you are interested in participating in the lawsuit, you are encouraged to contact the AAIHR, which is working with the lawsuit's Plaintiffs.

    Read the full Healthcare and Immigration Law Blog at or

  3. USCIS Filing Fee Increase Effective November 23, 2010

    by , 11-02-2010 at 09:27 AM (Chris Musillo on Nurse and Allied Health Immigration)
     by Chris Musillo
    USCIS filing fees will increase an average of 10%. Most employment-based petitions' fees will be raised, although the dependent Form I-539, used for H-4, L-2, and several other status petitions, will decrease by $10. Here is the chart of the increase for the most commonly-used employment-based immigration Forms.

    New Fees Nov 23, 2010








    You can find the new fees on the USCIS' webpage:

    Read the full Healthcare and Immigration Law Blog at or
  4. AAIHR to sue FSBPT over Discrimination Policy

    by , 10-28-2010 at 06:27 AM (Chris Musillo on Nurse and Allied Health Immigration)

    by Chris Musillo

    The AAIHR just has announced that it will be pursuing a legal strategy against the FSBPT. The AAIHR has been working with several Attorneys General (AG) offices in strategic states to outline the governance issues and vulnerability of the states based on the FSBPT action. It also has hired litigation counsel, Latham and Watkins, a major litigation firm. The litigation counsel has prepared a Complaint against Georgia and FSBPT on behalf on plaintiffs. The Complaint will be filed soon.

    If the lawsuit in Georgia is successful, it likely will end the FSBPT's discriminatory test administration policy. AG's offices in several states have been contacted and made aware of the AAIHR's position. Many states have expressed off-the-record concern about the FSBPT's actions. Because of the deliberate nature of the state's AG's offices, the AAIHR has chosen the litigation path.

    The AAIHR is looking for additional members to support their action. If you can contribute financially, please contact AAIHR President, Patty David.

    MU is an associate member of the AAIHR and has been working with the AAIHR to outline the legal strategy. We have donated both time and funding to the effort.

    Read the full Healthcare and Immigration Law Blog at or*

  5. MU as AILA Faculty

    by , 10-21-2010 at 12:38 PM (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 November 4, 2010 teleconference on Allied Health Care Immigration. The speakers' topics of discussion include: trends with licensing examinations, visa screening and state licensing for foreign allied health care professionals. Additionally they will address pitfalls and identify effective practices in these areas:

    Occupations and Professions Covered: RNs, OTs, PTs
    Nonimmigrant Visa Options: TN, H-1B, E-3
    Immigrant Visa Options: Schedule A, NIW, PERM
    Issues with Visa Screen, Licensing and Timing for Filings
    Options in the Absence of Visa Screen
    Current Adjudication Trends
    Potential Legislative Changes and Strategies

    Interested AILA lawyers can participate by contacting AILA. CLE credit is available.

    Read the full Healthcare and Immigration Law Blog at or

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