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Chris Musillo on Nurse and Allied Health Immigration



    by , 10-04-2011 at 05:39 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    The US Department of Justice filed suit against Generations Healthcare, a Skilled Nursing Facility, on Friday September 30, 2011. The lawsuit alleges that Generations Healthcare engaged in a pattern or practice of discrimination by imposing unnecessary documentary requirements on job applicants.
    The DOJ's press release says that its investigation uncovered evidence that Generations Healthcare required all newly hired non-U.S. citizens and naturalized U.S. citizens at its St. Francis Pavilion facility to present specific and extra work authorization documents beyond those required by federal law to prove their status. These documents were not required of native-born UScitizens.
    MU Law clients and friends are reminded that US employers have to comply with the Form I-9 when hiring new employees. The Form I-9 identifies a variety of documents that may be used by job applications to prove valid work authorization and identity; it does not mandate that any specific document must be used.
    Read the full Healthcare and Immigration Law Blog at or

    by , 09-28-2011 at 06:51 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    Congressman Jason Chaffetz (R-UT) has just introduced HR 3012, The Fairness for High Skilled Immigrants Act. The bill, if passed into law, would eliminate the per country numerical limitation for employment-based immigrants. The Immigration and Nationality Act generally provides that the total number of employment-based immigrant visas made available to natives of any foreign country in a year cannot exceed 7% of the total number of such visas made available in that year. The bill eliminates this per country percentage cap.
    If passed, the Act greatly improves the processing times for Indian and Chinese green card applicants. An unintended consequence of the Act likely would be the slowing of processing for natives of all countries.
    The Act is supported by the US Chamber of Commerce, Compete America (a coalition of high tech companies (Microsoft, Google, Oracle, etc.) and various trade groups. The Act has been the primary motivation behind Immigration Voice.
    The Act is co-sponsored by House Judiciary Chairman Lamar Smith (R-TX).The bill also adjusts family based visa limits from 7% per country to 15% per country.
    Before the Act can become law, it will have to attract more co-sponsors and be recommended for a vote in the US House of Representatives. Once it passes the House, the Act will have to be passed by the US Senate. President Obama almost certainly would sign the Act into law.
    Read the full Healthcare and Immigration Law Blog at or

    by , 09-26-2011 at 06:41 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    The US public television network, PBS, has been airing the documentary, The Learning, on local PBS stations around the country. The Learning tells the tale of four Philippine elementary school teachers as they migrate from their Philippine homeland and into inner-city Baltimore. The teachers laugh, cry, dance, and sing their way through their adventure, all the while balancing their love of their homeland with classrooms of unruly children in one of America's gravest inner cities.
    The compelling nature of the quest would make for a tight 90 minutes of viewing regardless of the subject-immigrants, but the radiance of these women raise the documentary to compelling viewing.
    The women's overarching desire to help family and friends through remittance payments underscores the film. The most gripping scene occurs when one of the teachers, Angel, returns to her homeland and has to explain to her family that the American money "does not grow on trees," as only a beloved schoolteacher can explain. Angel, like her three colleagues, never stops teaching - the children, her family, and we the viewers.
    The film is streaming for free through October 20 on PBS' website - unfortunately the streaming is only available in America. MU Law highly recommends The Learning for any reader of this Blog and anyone interested in first-person accounts of the modern immigrant experience.
    Read the full Healthcare and Immigration Law Blog at or

    by , 09-22-2011 at 05:14 AM (Chris Musillo on Nurse and Allied Health Immigration)

    by Chris Musillo

    The NPTE announces these test dates for the next several dates. In order to schedule for one of the two upcoming exams, please click:

    October 26, 2011 (Updated 9/19/2011)
    December 5, 2011 (Updated 9/19/2011)

    NPTE Test Dates

    Test Date
    Registration Deadline
    Jurisdiction Deadline
    Scores Reported

    Oct 26, 2011
    Sept 26, 2011
    Oct 10, 2011
    Nov 2, 2011

    Dec 5, 2011
    Nov 5, 2011
    Nov 21, 2011
    Dec 12, 2011

    Future dates in 2012 are available at the FSBPT webpage.
    Read the full Healthcare and Immigration Law Blog at or
  5. H-1B CAP COUNT: 32,200

    by , 09-19-2011 at 09:27 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    The Fiscal Year 2012 (FY2012) H-1B cap season began on April 1, 2011. Since April 1, a mere 32,200 H-1B cap-subject Petitions have been receipted by USCIS as of September 9, 2011. This is much lower than in recent years and likely reflects the fact that US employers are not hiring workers, including foreign-national workers.
    To put this in perspective, in FY 2011, which began April 1, 2010, the USCIS has receipted about 38,000 H-1Bs through September 17, 2010. Many healthcare professions ordinarily qualify for H-1B status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and someRegistered Nursing positions.
    For three years the H-1B demand has decreased. This is compelling evidence that H-1B workers are not used to drive down US worker's wages. If H-1B workers were used to drive down wages, H-1B demand would remain consistent in a decreasing economy, since US employers would still want to save money on salary expenses.
    Read the full Healthcare and Immigration Law Blog at or
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