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Chris Musillo on Nurse and Allied Health Immigration


  1. NY considering BSN requirement for RNs

    by , 05-25-2010 at 07:34 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    At the May 2010 meeting of the New York State Education Department, the Registered Nurse Professional Practice Committee was presented with a proposal to increase the minimum educational requirement to a Bachelors degree.

    Under the recommended plan, all currently-licensed RNs would be "grandparented," and would not have to obtain the Bachelors degree. Instead, all diploma and associate degreed RNs, who obtain licenses after 2012 would need to obtain a Bachelors degree within 10 years of the initiation of their license.

    Nurses who failed to obtain the Bachelors degree would have their licenses put on "hold". This "hold" is similar to the action taken when a licensee fails to meet continuing education requirements in those professions that mandate continuing education as a criterion for continued registration.

    Other states such as New Jersey also are considering raising their educational requirement. Advocates for the New York plan cite recent studies that show that increasing the number of baccalaureate nurses in an acute care hospital decreases the number of patient deaths. Similar legislation was introduced into the New York legislature in 2005, but was tabled because of supply concerns.

    It seems inevitable that states will raise their minimum educational requirements to the level of Bachelors degree. Many countries' minimum educational requirement is a Bachelors degree. In the US, the only state to have had a Bachelors degree minimum was North Dakota, which lowered their requirement and joined the other 49 states in the middle part of this decade.

    If any state did raise their requirement to a bachelors degree, employers in that state could more liberally use the H-1B visa as a partial solution to their expected long-term nursing supply shortages. The H-1B can be used to employ some Registered Nurses.
    To read the full Healthcare and Immigration Law Blog, visit or
  2. Visa Bulletin Analysis and Predictions

    by , 05-17-2010 at 07:26 AM (Chris Musillo on Nurse and Allied Health Immigration)

    by Chris Musillo
    In the January 2010 Visa Bulletin, the Department of State made "best case" predictions on where the visa numbers would be in September 2010, which is the end of the Fiscal Year 2010. October 2010 is the first Visa Bulletin of Fiscal Year 2011.

    In this Blog post, MU has done a analysis of the progress of these projections, including the just-released June 2010 Visa Bulletin. Most of the DOS' projections are proving to be accurate, with the notable exception of All Other EB3, including the Philippines.

    India EB2
    June 2010: 01FEB05.
    Predicted Sept 2010: February through early March 2005
    MU Comment: The India EB2 visa number is right on the mark.

    China EB2
    June 2010: 22NOV05.
    Predicted Sept 2010: July through October 2005.
    MU Comment: The China EB2 visa number has already surpassed the "best case" scenario, which is good news.

    India EB3
    June 2010: 22OCT01.
    Predicted Sept 2010: January through February 2002.
    MU Comment: The India EB3 number has steadily moved since January 2010, when the India EB3 number was 22JUN01. The number looks to be on pace to meet the predicted number.

    China EB3
    June 2010: 22JUN03.
    Predicted Sept 2010: June through September 2003.
    MU Comment: The China EB2 visa number is right on the mark.

    All Other EB3 (incl. Philippines)
    June 2010: 22 JUN 03.
    Predicted Sept 2010: April through August 2005
    MU Comment: This is the prediction that is the most disheartening. By now we would have expected the All Other EB3 to be well into 2004, and maybe even into 2005. The fact that the number is still in mid-2003 leads us to believe that the predicted date will not be reached.

    That having been said, MU expects the All Other Visa Number to begin to move at a quicker pace. There does not appear too many cases that are still left that are this old on our roster of cases and on the roster of cases still with other attorneys.

    To read the full Healthcare and Immigration Law Blog, visit or
  3. June Visa Bulletin

    by , 05-14-2010 at 05:26 AM (Chris Musillo on Nurse and Allied Health Immigration)

    by Chris Musillo
    The Department of State has just released the June 2010 Visa Bulletin

    The relevant dates are:
    EB1 - all current
    EB2 - all current, except China (22 NOV 05) and India (01 FEB 05)
    EB3 - all 22 JUN 03, except India (22 OCT 01) and Mexico (U)

    This is slow progress from the last few Visa Bulletins for All Other EB3 Applications. All Other EB3 has increased 9 months since February 2010 Visa Bulletin, when it was 22 SEP 2002. India EB3 has also improved about 4 months since February's Visa Bulletin (22 JUN 01). Mexican EB3 remains unavailable, as it is expected to be until the end of the fiscal year in September 2010.
    To read the full Healthcare and Immigration Law Blog, visit or

  4. Election Season

    by , 05-12-2010 at 05:41 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    Two of the largest suppliers of healthcare professionals to the US are the Philippines and the UK. MU attorneys and staff have traveled on many occasions to both countries for recruiting and information sessions with our clients. This week both countries had groundbreaking elections.

    Senator Benigno "Noynoy" Aquino III is poised to become the first Philippine president elected through an automated election. President-elect Aquino is the son of former President Corazon Aquino and former Senator Benigno Aquino, Jr.

    In the UK, David Cameron looks to lead the first British coalition government since World War II. The coalition agreement ends a week of discussion and negotiations between Cameron's Conservative government and the upstart Liberal Democrats.

    MU congratulates nationals of both countries on their landmark elections.

    And lastly, Happy Nurses Week to all of our Nurse readers!

    To read the full Healthcare and Immigration Law Blog, visit or

  5. FCCPT reapproved until 2015

    by , 05-10-2010 at 06:05 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Foreign Credentialing Commission on Physical Therapy (FCCPT) has been re-approved by USCIS to issue Healthcare Worker Certificates for an additional 5 years, through 2015. FCCPT is one of two organizations that are approved to issue Healthcare Worker Certificates for Physical Therapists. The other, CGFNS, issues the Visa Screen as its Healthcare Worker Certificate. FCCPT's Healthcare Worker Certificate is known as the Type I.

    The Healthcare Worker Certificate is a prerequisite for all US visas, including the H-1B, TN, and the EB2 and EB3 green cards. Either the FCCPT or the CGFNS is sufficient.

    To read the full Healthcare and Immigration Law Blog, visit or
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