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Chris Musillo on Nurse and Allied Health Immigration


  1. Weekends Count

    by , 10-14-2010 at 06:31 AM (Chris Musillo on Nurse and Allied Health Immigration)

    by Chris Musillo
    One of the sillier assessments made by the US Department of Labor has been its interpretation of a "business day" for purposes of satisfying the 10 day Notice Posting rule. An October 12, 2010 DOL decision puts much more rationality to the interpretation of a "business day" by now allowing an employer to count all of the days that it is open for business.

    The Notice Posting rule requires employers to post Notice of a potential Labor Certification Application (including Schedule A Application) at the worksite for 10 business days. The idea behind the law is to give US workers notice of the future Labor Certification, so that they can notify the DOL of any wrongdoing by the employer. Before this decision, the DOL steadfastly had held that a "business day" is a weekday (Monday through Friday) and that federal national holidays would not count as business days.

    This interpretation had been particularly irritating for healthcare employers, who routinely are open for business on weekends and holidays. Immigrant visa cases would be needlessly delayed because of this silly interpretation. Occasionally, we would even hear of a case has been denied because of a posting that was done during a minor federal holiday, in spite of the fact that the employer's hospital remained fully staffed.

    The DOL's Appeal Board, the Board of Alien Labor Certification Appeals (BALCA) thankfully has ended this nonsense. The BALCA opinion makes the vital point that "the purpose of the Notice of Filing requirement is to ensure that an employer's employees and other interested persons are notified that it is filing an application for permanent alien labor certification."

    Going forward, employers can satisfy the 10 business day Notice posting rule by placing Notice for ten consecutive days when employees are on the worksite and able to see the Notice of Filing.

    Read the full Healthcare and Immigration Law Blog at or
  2. November 2010 Visa Bulletin

    by , 10-13-2010 at 01:26 PM (Chris Musillo on Nurse and Allied Health Immigration)

    by Chris Musillo

    The Department of State has just released the November 2010 Visa Bulletin, which is the second Visa Bulletin for US Fiscal Year 2011. This Visa Bulletin had small progress in several classifications.

    The present processing dates are:

    EB-1 - all current
    EB-2 - all current, except China (01 JUN 06) and India (08 MAY 06)
    EB-3 - all 22 JAN 05, except China (22 NOV 03), India (22 JAN 02), and Mexico (01 MAY 01)

    Read the full Healthcare and Immigration Law Blog at or
  3. California Board Webcast on FSBPT

    by , 10-08-2010 at 11:43 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Cindy Unkenholt

    California continues to fight the disciminatory actions of the FSBPT. The Physical Therapy Board of California's October 11, 2010 teleconference regarding the FSBPT action on the NPTE will be webcasted live. All interested parties may watch it via the webcast.

    Read the full Healthcare and Immigration Law Blog at or
  4. NPTE-i

    by , 09-30-2010 at 07:04 AM (Chris Musillo on Nurse and Allied Health Immigration)


    by Chris Musillo

    As expected, the FSBPT today announced that the NPTE-i (formerly the NPTE-YRLY) will be given twice in 2011, starting with the first NPTE-I exam on May 25, 2011 and the second in December. The exam will be given in all 50 states, along with the District of Columbia, Puerto Rico and the Virgin Islands.

    The NPTE-i expected to be substantially similar to the regular NPTE.

    Here is the calendar of important dates for the first exam:

    November 1, 2010 - Registration opens with FSBPT
    November 8, 2010 - Scheduling opens with Prometric
    February 22, 2011 - Registration closes
    March 15, 2011 - Last date for jurisdictions to approve PT candidates for NPTE-i
    April 1, 2011 - Last date for candidates to schedule with Prometric
    May 25, 2011 - TEST DATE NPTE-i PT
    June 8, 2011 - Scores reported to jurisdictions

    It remains to be seen how the State Board of California reacts to this announcement, since the NPTE-i does not comply with the two alternatives that California outlined in its recent letter to the FSBPT.

    Read the full Healthcare and Immigration Law Blog at or
  5. Predicting This Week

    by , 09-29-2010 at 02:10 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    MU doesn't like to do too much crystal ball gazing unless it is confident of its information and the information is public. Two things will almost certainly happen this week:

    1. The FSBPT is likely to formally announce its plan for the NPTE-YRLY exam. The plan will be slightly better than what they've published so far, but not much more. Check their blog for the formal announcement, which should come Thursday.

    2. It appears that Sen. Robert Menendez will formally introduce his immigration bill to Congress. Unfortunately the bill has virtually no chance of approval anytime soon, although some are holding out hope that the bill can get traction during the lame-duck session, in November and December.

    Read the full Healthcare and Immigration Law Blog at or
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