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Chris Musillo on Nurse and Allied Health Immigration


  1. What is "propensity" and what is "widespread"?

    by , 09-23-2010 at 08:17 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    The FSBPT's September 22, 2010 update to their blog attempts to answer the question, "Why didn't you stop testing for all candidates?" Their answer, however, should raise significant issues about the logic behind their policy and their standard of review.

    The blog posting says that graduates from universities from the four restricted countries - India, Philippines, Pakistan, and Egypt -- have apparently shown a "propensity" toward "widespread" sharing of NPTE questions. The FSBPT has yet to define "propensity" and "widespread" in any dialogue with members of the public and state boards of Physical Therapy. Every time the FSBPT hides behind these vague words, it calls into serious question the FSBPT's rationale and raises questions of this policy's true intent.

    The FSBPT also says that "the exam itself has not been compromised by any groups beyond the restricted groups". This of course, does not mean that it hasn't been compromised by any individuals within those groups. If compromised questions were exposed to the internet (and every indication is that they were), then individuals beyond the restricted groups have cheated. To say otherwise is disingenuous.

    Moreover, since there are many more individuals in non-restricted groups, the standard of review for these groups should be greater because the damage would be far greater. For instance, if there are 1,500 restricted country test takers and 10 percent have cheated, then there are 150 restricted country cheaters.

    On the other hand, if there are 15,000 non-restricted country test takers and just 1 percent has cheated, then there are 150 additional cheaters. American patients don't care about the nationality of the cheaters; they just want all 300 cheaters to be banned from the test. The FSBPT's program catches the first 150, but does nothing about the second 150.
    Read the full Healthcare and Immigration Law Blog at or
  2. FSBPT and State Action

    by , 09-21-2010 at 12:06 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo and Cindy Unkenholt

    As readers of the MU Healthcare Immigration Law Blog surely are aware, the FSBPT recently enacted a policy that bars graduates of Philippine, Egyptian, Indian, and Pakistani schools from sitting for and taking the National Physical Exam until 2011. This policy was enacted in July 12, 2010 and was formulated after analysis by the NPTE uncovered replication of actual test questions.

    Ultimately the FSBPT is beholden to its stakeholders, the 50 State Boards of Physical Therapy. One such State Board, California, has just sent the FSBPT a strongly-worded letter, which sets an October 1 deadline for the FSBPT to rescind their discriminatory policy or suspend the NPTE for all test-takers. A copy of this letter is available on the MU website.

    At the FSBPT's annual meeting in late October, it will more fully outline its plans for the future of the NPTE to their membership and to their stakeholders. This dialogue has already begun and may result in an amended policy in advance of the annual meeting.

    The FSBPT's aims are valid. Test takers who cheat should be penalized before sitting for NPTE. In some instances, the penalty should be an outright prohibition against taking the exam.

    While the FSBPT's aim is valid, their remedy is imperfect. MU lawyers Chris Musillo and Cindy Unkenholt have been working with employers, recruiters, physical therapists, immigration lawyers, and other industry leaders with the goal of remedying or modifying the policy, which we believe violates both federal and state discrimination laws.

    In order to make sure that your State Board is part of this dialog, please urge your State Board to make their opinion known to the FSBPT.
    Read the full Healthcare and Immigration Law Blog at or
  3. AAIHR Annual Meeting

    by , 09-18-2010 at 09:54 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    The AAIHR is holding its Annual Meeting of Members September 20, 2009 in Chicago, IL.  MU's Chris Musillo and Cindy Unkenholt will both be attending.  The AAIHR is the industry's premier advocacy organization. Staffing companies and recruiters are invited to join via the AAIHR's webpage.
    Read the full Healthcare and Immigration Law Blog at or
  4. MU & the PNAA

    by , 09-13-2010 at 10:17 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    In June, MU co-sponsored the Philipine Nurses Association of America's 5K fun run at their Annual Convention. We were pleased to work with such an excellent organization. Visit our Facebook page for more photos of this event.

    Attached Thumbnails Attached Thumbnails Click image for larger version. 

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  5. October 2010 Visa Bulletin

    by , 09-10-2010 at 05:10 AM (Chris Musillo on Nurse and Allied Health Immigration)
    The Department of State has just released the October 2010 Visa Bulletin, which is the first 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 (22 MAY 06) and India (08 MAY 06) EB-3 - all 08 JAN 05, except China (08 NOV 03), India (15 JAN 02), and Mexico (22 APR 01)
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