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Chris Musillo on Nurse and Allied Health Immigration



    by , 03-29-2011 at 07:02 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 or
  2. Fewer Nurses Means Greater Risk of Death

    by , 03-22-2011 at 06:20 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**or*
  3. USCIS to show deference on Non-Profit Affiliation H-1B Rule

    by , 03-16-2011 at 07:27 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The USCIS has just announced that it will give deference to Petitioners who have previous approvals in all non-profit H-1B cap-exempt cases.
    Non-profit entities that are related to or affiliated with an institution of higher education have long been approved as cap-exempt Petitioners. This has allowed these Petitioners to file H-1B Petitions regardless of whether the H-1B cap had been reached. In the recent past, however, the USCIS has taken a strict interpretation on the question of whether a non-profit was "related" to an institution of higher learning (e.g. a University).
    The new USCIS policy will allow those Petitioners who previously have been granted approvals to file new H-1B cases confidently without fear of inconsistent adjudication. The burden will be on these Petitioners to prove that they have been approved for cap-exempt H-1Bs in the past.

    Read the full Healthcare and Immigration Law Blog at or
  4. April 2011 Visa Bulletin

    by , 03-09-2011 at 09:24 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just released the April 2011 Visa Bulletin. This Visa Bulletin had very small progress in several classifications.

    March 2011 Visa Bulletin

    All Other Countries



    Read the full Healthcare and Immigration Law Blog at or
  5. FSBPT to have fixed testing for all applicants

    by , 03-08-2011 at 02:38 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    The FSBPT has just announced that they will be using a fixed test date for all applicants regardless of country of education or nationality. The FSBPT's web-page posting makes clear that this was in part in response to their unsuccessful defense of the NPTE-i program in Georgia. The fixed test dates for 2011 are:

    September 7, 2011 (Wednesday)
    October 20, 2011 (Thursday)
    December 5, 2011 (Monday)

    In 2012, the FSBPT has committed to five testing days.
    In February a Georgia judge ruled that the FSBPT's previous NPTE-i testing scheme violated Georgia law. The Georgia judge's decision did not address whether or not the NPTE-i violated Georgia discrimination and due process Constitutional issues. Those issues may be addressed in an appeal, should the FSBPT chose to appeal the Georgia court's decision.
    To some degree an appeal would be moot in light of the FSBPT's actions today. MU commends the FSBPT for producing a fair and equitable testing system.
    Read the full Healthcare and Immigration Law Blog at or
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