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Chris Musillo on Nurse and Allied Health Immigration

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  1. New Location? No new H-1 is necessary

    by , 11-12-2010 at 09:42 AM (Chris Musillo on Nurse and Allied Health Immigration)

     

    by Chris Musillo

     
    In April the USCIS announced a forthcoming change to the I-129, which is the base Form for H-1B petitions. The proposed Form included a little-noticed new requirement that an amended H-1B Petition must be filed whenever a H-1B worker changes his geographical location. This was inconsistent with prior USCIS guidance.

    Musillo Unkenholt noticed this proposed requirement and realized that it would have a devastating effect on H-1B employers and employees who routinely move to new locations. We sent an official comment letter to USICS in which we raised our concerns. Our letter cited five prior instances where the USCIS had said that no amended H-1B was necessary when an H-1B worker changes a geographical location.

    While the final revised Form I-129 will not be officially released until November 23, 2010, it appears that the USCIS has agreed with MU's position. The Instructions to the new Form I-129 omit any requirement that an amended H-1B Petition must be filed whenever an H-1B worker changes his geographical location.

    MU commends the USCIS for an open process and a recognition of past guidance.
     

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

  2. Keeping our eye on the H-1B Count:

    by , 11-11-2010 at 07:44 AM (Chris Musillo on Nurse and Allied Health Immigration)

     
    by Cindy Unkenholt and Chris Musillo

    Keeping our eye on the H-1B Count: According to the USCIS as of November 5, 2010, approximately 46,800 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 17,200 H-1B petitions for aliens with advanced degrees. There are 65,000 "regular" cap-subject visas and 20,000 "advanced degree" H-1Bs".

    Several healthcare occupations regularly utilize the H-1B visa including, Physical Therapists, Occupational Therapists, Speech Language Pathologists, and some Registered Nurses.
     

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

  3. NPTE-i Registration and Lawsuit

    by , 11-05-2010 at 07:58 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
     
    Physical Therapists educated in the Philippines, India, Egypt and Pakistan are now eligible to register for the NPTE-i. The NPTE-i is the FSBPT's licensing exam will be given on May 25, 2011. FSBPT claims that the segregated exam is necessary because of pervasive, ongoing security breaches by graduates of physical therapy schools from these countries, although their evidence for this claim is unavailable to the public.

    Several plaintiffs sued the Georgia Board of Physical Therapy earlier this week. The lawsuit alleges that the FSBPT's examination policy is discriminatory and violates both federal and state law, and that this discrimination is intentional.

    The lawsuit also names the FSBPT as a Defendant. Success in that lawsuit likely will compel the FSBPT to revoke their policy, although it may take many months before any resolution is reached. If you are interested in participating in the lawsuit, you are encouraged to contact the AAIHR, which is working with the lawsuit's Plaintiffs.
     

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

     
  4. USCIS Filing Fee Increase Effective November 23, 2010

    by , 11-02-2010 at 09:27 AM (Chris Musillo on Nurse and Allied Health Immigration)
     by Chris Musillo
    USCIS filing fees will increase an average of 10%. Most employment-based petitions' fees will be raised, although the dependent Form I-539, used for H-4, L-2, and several other status petitions, will decrease by $10. Here is the chart of the increase for the most commonly-used employment-based immigration Forms.



    New Fees Nov 23, 2010


    I-129
    $325


    I-131
    $360


    I-140
    $580


    I-485
    $1,070


    I-539
    $290


    I-765
    $380


    I-907
    $1,225



    You can find the new fees on the USCIS' webpage: www.uscis.gov.

    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  5. AAIHR to sue FSBPT over Discrimination Policy

    by , 10-28-2010 at 06:27 AM (Chris Musillo on Nurse and Allied Health Immigration)


    by Chris Musillo

    The AAIHR just has announced that it will be pursuing a legal strategy against the FSBPT. The AAIHR has been working with several Attorneys General (AG) offices in strategic states to outline the governance issues and vulnerability of the states based on the FSBPT action. It also has hired litigation counsel, Latham and Watkins, a major litigation firm. The litigation counsel has prepared a Complaint against Georgia and FSBPT on behalf on plaintiffs. The Complaint will be filed soon.

    If the lawsuit in Georgia is successful, it likely will end the FSBPT's discriminatory test administration policy. AG's offices in several states have been contacted and made aware of the AAIHR's position. Many states have expressed off-the-record concern about the FSBPT's actions. Because of the deliberate nature of the state's AG's offices, the AAIHR has chosen the litigation path.

    The AAIHR is looking for additional members to support their action. If you can contribute financially, please contact AAIHR President, Patty David.

    MU is an associate member of the AAIHR and has been working with the AAIHR to outline the legal strategy. We have donated both time and funding to the effort.
    *

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

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