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Chris Musillo on Nurse and Allied Health Immigration

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  1. 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)
  2. NVC launches electronic processing

    by , 09-01-2010 at 09:55 AM (Chris Musillo on Nurse and Allied Health Immigration)

     
    by Chris Musillo
    The National Visa Center is the clearinghouse for Consular Processed Immigrant Visa petitions. The NVC's purpose is to collect the I-140 approval notice and other biographical information and relay these items to the Consulate of choice. The NVC also collects the NVC fee, which is presently $720 per applicant.

    Last year, the NVC rolled out an on-line electronic payment system. MU has used this system. Our experience is that it has been a very efficient system. We like the speed an accuracy of the system.

    Now the NVC is launching their on-line documentation and communication system. This program uses e-mail for communication and submission of all forms and documents to the NVC using the Portable Document Format (PDF).

    Applicants who are applying for a visa at the U.S. Embassy in Ashgabat, Turkmenistan are required to process electronically.

    Applicants who are applying for a visa at the U.S. Consulate General in Ciudad Juarez, Mexico in the following visa categories are required to process electronically if the first three letters of their NVC Case Number are MEP:

    CR1 Conditional Spouse of United States Citizen
    CR2 Conditional Child of United States Citizen
    IR1 Spouse of United States Citizen
    IR2 Child of United States Citizen

    The option to participate is initially limited to visa applicants who are applying for a visa at the U.S. Embassies in Guangzhou, China and Montreal, Canada.

    If the pilot program is successful, it is expected that the program will expand to other Consulates and Embassies.
    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.

     
  3. FSBPT's odd policies continue to baffle

    by , 08-26-2010 at 07:32 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
     
    Yesterday, the FSBPT announced on their webpage that any post- July 11 NPTE test-takers would have their results held until at least October 1, 2010, if they graduated from a school in the Philippines, India, Egypt or Pakistan. The scores are being held pending a psychometric review of each test-takers' results. Certain post-July 11 test takers should expect to have their scores invalidated; while others' test results will be allowed to stand.

    As has been consistently the case since the July 12 announcement, the FSBPT has been vague and inconsistent in their message. This vagueness and inconsistency calls into question the FSBPT's ability to manage this situation.

    With this latest webpage notice, the FSBPT has not explained what it looks for when it performs the psychometric review. More oddly, test takers whose scores have been invalidated may still be eligible to take the NPTE-YRLY in 2011 if they continue to meet their states' eligibility requirements. This goes against the purpose of a review, which is presumably to protect the US public from cheating test takers.
     

    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  4. Is the FSBPT’s Policy impacting you?

    by , 08-24-2010 at 06:20 AM (Chris Musillo on Nurse and Allied Health Immigration)
     
    by Chris Musillo
     
    Have you been impacted by the FSBPT's discriminatory policy against Philippine, Indian, Egyptian, and Pakistani graduates? If so, please contact Chris Musillo or Cindy Unkenholt. We are working with like-minded immigration attorneys, recruiters, staffing companies, and other stakeholders with a goal of solving this crisis.

    We presently are limiting our scope only to those who are hold US immigration status - US citizens, US Legal Permanent Residents, and valid nonimmigrant visa holders (for example H-4 or F-1). You should also have filed a state license application or have the necessary criteria to file the state license application. Again, if you fit this profile, please contact either one of us.
     

    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  5. H-1B News -- Filing Fee Increase, Neufeld Memo

    by , 08-16-2010 at 07:32 AM (Chris Musillo on Nurse and Allied Health Immigration)

    by Chris Musillo
    August 2010 is shaping up to be one of the toughest months for H-1B employers. In the last few days, we have a seen a targeted H-1B filing fee increase and the dismissal of a lawsuit that sought to overturn the Neufeld Memorandum.

    Fraud Fee Increase

    Late last week, the House and Senate quickly passed a massive H-1B and L-1 filing fee increase. The increase was instantly signed by the President.

    Effectively immediately, H-1B and L-1 employers with more than 50 employees and who have workforces with 50% H-1B or L-1 workers, will see an increased fraud fee on new petitions. Previously, the fraud fee was $500. The new L-1 fraud fee will be $2,750 and the new H-1B fraud fee will be $2,500.

    New petitions are a Beneficiary's first L-1 or H-1B visa for a Petitioner. Typically, new Petitions are when the Beneficiary is (i) a new hire from overseas or from another nonimmigrant visa status, (ii) a student ending their OPT, or (iii) an L-1 or H-1B transfer from another L-1 or H-1B employer.
    The fraud fee does not apply to employees' L-1 or H-1B extensions since these are not "new" filings.

    Neufeld Memo Lawsuit Dismissed

    Earlier this summer a consortium of recruiting and staffing companies sued the USCIS, contending that the Neufeld Memorandum was contrary to law. On Friday, a federal Judge dismissed the case. The Judge's opinion says that the Neufeld Memorandum is legally permissible because the Memorandum is simply "guidance" and not binding on USCIS officers. The Plaintiffs had hoped that the federal Judge would force the USCIS to withdraw the Neufeld Memorandum.

    The Neufeld Memorandum limits approvals of H-1Bs where the Beneficiary is employed at a third-party worksite. In the Neufeld Memorandum, the USCIS decreed that many staffing relationships are barred from using the H-1B visa program because staffing companies are not "employers".

    The Memorandum derisively referred to the IT staffing model as a "job shop". USCIS Officers have used the spirit of the Neufeld Memorandum to attack heretofore acceptable and approvable staffing models.

    MU has seen much stricter evaluations in third-party worksite situations. Although we have not seen a material rise in denials, we have seen more RFEs issued in many H-1B cases where the employee is set to work at a third-party worksite.


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

     
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