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Chris Musillo on Nurse and Allied Health Immigration

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  1. H-1C FAQ

    by , 08-04-2011 at 02:08 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
     
    MU Law has had a few follow-up questions about the H-1C visa that waspassed by the House of Representatives. We've put together this FAQ to answer a few common questions:
     
    Q1. When does the new H-1C come into effect?
    A1. The Senate must still pass the H-1C reauthorization into law and then the President must sign it. There is no set timetable for this to happen. In fact, the H-1C reauthorization may never come into law.
     
    Q2. Will individuals who hold current H-1C visas be able to extend their H-1C status?
    A2. They will provided that they have not used up their allotment of H-1C time. Approved nurses will be eligible for to be in H-1C status for 6 years.
     
    Q3. Why are only 14 hospitals eligible?
    A3. The H-1C law was crafted in a way to limit sponsorship to certain hospitals that meet a strict set of criteria established in the 1990s. The hospital must be located in a "Health Professional Shortage Area" as of March 31, 1997, have "at least 190 acute care beds," at "least 35 [percent] of [the facility's] acute care inpatient days reimbursed by Medicare," and "at least 28 [percent] of [the facility's] acute care inpatient days reimbursed by Medicaid." Other hospitals may be eligible; however, the list of the 14 hospitals that qualify has not been updated in recent years. In a meeting with USCIS and CIS Ombudsman (Oct. 28, 2008), USCIS indicated that, to date, only one hospital that is not on identified on the list of 14 HPSA hospitals has applied for an H-1C nurse and that case is currently pendingadditional review.
     
    Q4. Is there any H-1C cap, like the H-1B visa?
    A4. Yes. The H-1C is limited to 300 nurses. However the cap has never been reached. According to USCIS, no H-1C visas were approved in FY 2006, 49 were approved in FY 2007, and, approximately 110 were approved in FY 2008.
     
    Q5. Which 14 hospitals qualify for sponsorship?
    A5. Here are the 14 hospitals:
    1. Beaumont Regional Medical Center, Beaumont, TX
    2. Beverly Hospital, Montebello, CA
    3. Doctors Medical Center, Modesto, CA
    4. Elizabeth General Medical Center, Elizabeth, NJ
    5. Fairview Park Hospital, Dublin, GA
    6. Lutheran Medical Center, St. Louis, MO
    7. McAllen Medical Center, McAllen, TX
    8. Mercy Medical Center, Baltimore, MD
    9. Mercy Regional Medical Center, Laredo, TX
    10. Peninsula Hospital Center, Far Rockaway, NY
    11. Southeastern Regional Medical Center, Lumberton, NC
    12. Southwest General Hospital, San Antonio, TX
    13. St. Bernard Hospital, Chicago, IL
    14. Valley Baptist Medical Center, Harlingen, TX
    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  2. HOUSE PASSES H-1C REAUTHORIZATION

    by , 08-02-2011 at 07:30 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    The House of Representatives just has passed a reauthorization of the H-1C visa program. HR 1933 was first introduced by Rep. Lamar Smith (R-TX) this past spring. Rep. Smith quietly has been securing votes since the bill's introduction. The H-1C expired in December 2009.
     


    HR 1933 looks similar to past iterations of the H-1C visa. Notably it appears to only apply to 14 hospitals in the U.S., many of which are in Rep. Smith's home state of Texas. Only 300 RN positions per year are authorized under the H-1C. The H-1C also includes wage protections for U.S. workers.


    Because the H-1C is applicable to only 14 hospitals, the visa has never been used widely and is not expected to materially impact the processing of any immigrant (EB-3) visas. That having been said this is good news for those nurses whose visas expired under the previous H-1C.

    Next, the bill must be introduced in the Senate.   Once introduced the Senate must pass the bill.  Pres. Obama is expected to sign the bill if it can garner enough votes in the Senate.

     
    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  3. MANILA VISA REISSUANCE PROGRAM

    by , 07-26-2011 at 06:46 AM (Chris Musillo on Nurse and Allied Health Immigration)

    by Chris Musillo
    The US Embassy at Manila just has announced the establishment of a Non-Immigrant Visa Re-issuance program. The purpose of the program is to allow some applicants an expedited visa issuance process if they have previously held the visa that they are seeking to extend.
    If one qualifies for the program, an applicant needs only to schedule an appointment, appear at the Embassy at the appointed time, and then have the application screened and give 10-print finger scans. The applicant will not have to participate in an interview.
    At this time it does not appear that the VRP will be available to H-1B holders because of a condition that one did not stay in the US for more than 6 months. Here is the full list of conditions: 
     
    1. I am a Philippines passport holder.
    2. I have previously been issued, in Manila, a full-validity visa (a visa good for five or ten years).
    3. My visa is still valid... or it has expired within the last twelve months.
    4. I have in my possession all of my passports covering the entire period of time since I received that full-validity visa.
    5. I have not been refused a U.S. visa in the last twelve months.
    6. My visa is not annotated "clearance received".
    7. I have not ever stayed in the U.S. longer than 6 months (even if the Department of Homeland Security approved the extension of stay).
    8. I have not ever been arrested or convicted for any offense or crime, even if subject of a pardon.
    9. I can provide the visa control number from my visa (located in the upper right hand corner of the visa).

    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  4. MU Law and the PNAA - 2011

    by , 07-20-2011 at 06:02 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    For the last two years, MU Law has sponsored thePhilipine Nurses Association of America's 5K fun run at their Annual Convention. This year's Convention and fun run was in San Francisco.
    MU Law is honored to be associated with such a great organization.  Visit the MU Law Facebook page for photos of this event.
    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
     
  5. August 2011 visa bulletin

    by , 07-13-2011 at 07:24 AM (Chris Musillo on Nurse and Allied Health Immigration)

    by*Chris Musillo


    The Department of State has just released the August 2011 Visa Bulletin. Each category was promoted about one month.








    Aug 2011 Visa Bulletin


    *
    All Other Countries
    China
    India
    Mexico


    EB-2
    Current
    15APR07
    15APR07
    Current


    EB-3
    01NOV05
    08JUL04
    01JUN02
    01NOV05



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