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Chris Musillo on Nurse and Allied Health Immigration

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  1. MAY 2011 VISA BULLETIN

    by , 04-11-2011 at 07:58 AM (Chris Musillo on Nurse and Allied Health Immigration)

    by Chris Musillo


    The Department of State has just released the May 2011 Visa Bulletin. This Visa Bulletin had small progress in several classifications. Notably, the India EB-2 date moved two months.






    May 2011 Visa Bulletin


     
    All Other Countries
    China
    India
    Mexico


    EB-2
    Current
    01AUG06
    01JUL06
    Current


    EB-3
    22AUG05
    15APR04
    15APR02
    08SEP04



     
    The Bulletin also included a lengthy explanation and prediction of future month's expected dates:

     
    Employment-based: At this time the amount of demand being received in the Employment First preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category will remain "Current" for all countries. It also appears unlikely that a Second preference cut-off date will be imposed for any countries other than China and India, where demand is extremely high. Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
    Employment Second: Demand by applicants who are "upgrading" their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such "upgrades" are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of "otherwise unused" numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the "upgrades" will ultimately impact the cut-offs for those two countries. (The allocation of "otherwise unused" numbers is discussed below.)
    China: none to three weeks expected through July. No August or September estimate is possible at this time.
    India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.
    Employment Third:
    Worldwide: three to six weeks China: one to three weeks India: none to two weeks Mexico: although continued forward movement is expected, no specific projections are possible at this time. Philippines: three to six weeks
    Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.
    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  2. US ENVOY TO PN NURSES: “BE GREAT”

    by , 04-07-2011 at 02:49 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    "Dare to be great nurses... Dare to build a better Philippines and a betterAmerica." This was US Envoy to the Philippines Henry Thomas' challenge to the graduating class of Angeles University Foundation's College of Nursing on Saturday.
    While his challenge was clear, his views on the likelihood of the retrogression were less so. "All I can say is, clearly, there's a demand in the US but also, as President Obama has said, we have nursing graduates in the US who also have to finish their examinations and obtain jobs."
    This wishy-washy statement perfectly captured President Obama's inconsistency and lack of focus on the necessity of alleviating the retrogression. On one hand, the President has said many of the right things on making an immigration system that is fair to all - American patients, American healthcare staff, and foreign-trained healthcare staff. On the other hand, his lack of action and lack of leadership has frustrated all stakeholders.
    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  3. FOREIGN AFFAIRS MANUAL UPDATED

    by , 04-04-2011 at 09:27 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    The Department of State has updated their Foreign Affairs Manual (FAM) to reflect the fact that B1/B2 applicants ought to be given visas to come to the US to take the NPTE.MU encourages all B1/B2 applicants who had been denied B1/B2 visas for this reason to re-apply for a B1/B2 interview.
    As we mentioned in our last MU update, all applicants will still need to prove non-immigrant intent, i.e. that the applicant maintains a non-US residency and intends to leave the US at the conclusion of their visit to the US. Failure to prove nonimmigrant intent remains a valid reason for the Consular/Embassy official to deny the B1/B2 application.
    Updated FAM:
     
     
    9 FAM 41.53 N4.1 General Licensure Requirement
    for H Nonimmigrant
    (CT:VISA-1635; 03-31-2011)
    The requirements for classification as an H-1B nonimmigrant professional
    may or may not include a license because States have different rules in this
    area. If a State permits aliens to enter the United States as a visitor to take
    a licensing exam, then USCIS will generally require a license before they will
    approve the H-1B petition. However, some States do not permit aliens to
    take licensing exams until they enter the United States in H-1B status and
    obtain a social security number. Therefore, a visa should not be denied
    based solely on the fact that the applicant does not already hold a license to
    practice in the United States.
    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  4. B1/B2 VISAS SHOULD BE AVAILABLE TO NPTE REGISTRANTS

    by , 03-30-2011 at 12:47 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    As many MU friends and clients are aware, US Embassies have been denying PT applicants a B1/B2 visa, if the applicant has sought to come to the US to sit for the NPTE. The denials have been based on the Embassy mistakenly belief that taking the licensing exam is not a valid reason to enter the US on a B1/B2.
    MU just has learned the Department of State's HQ office in Washington DC is in the process of issuing a revised guidance to the US Embassies, including Manila. The Guidance should correct this mistaken policy.
    Please keep in mind that all applicants will still need to prove non-immigrant intent, i.e. that the applicant maintains a non-US residency and intends to leave the US at the conclusion of their visit to the US.
    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  5. INDIA EB-2 SHOULD LEAP FORWARD

    by , 03-29-2011 at 08:02 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 www.musillo.com or www.ilw.com.
     
     
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