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Chris Musillo on Nurse and Allied Health Immigration



    by , 08-02-2017 at 01:45 PM (Chris Musillo on Nurse and Allied Health Immigration)
    Musillo Unkenholt Immigration Law is hosting a live in-person conference for business professionals in the Greater Cincinnati area on the topics of H-1Bs and immigration under the Trump Administration.


    This Cincinnati Immigration Seminar will feature these topics:

    • · Business Immigration visas: H-1B, L-1, TN, OPT, F-1
    • · Business Immigration Green Cards: PERM, I-140, I-485
    • · Entrepreneur and investor options: EB-5, E-1, E-2
    • · Immigration Compliance: I-9s, E-Verify, Public Access Files
    • · Impact of Pres. Trump’s policies on business immigration
    • · Legislative and Regulatory changes that may be on the horizon

    The conversation will be led by MU's immigration lawyers who have a combined experience in immigration of over two decades.

    The conference will begin at 8 AM and go to 10:30 AM. A courtesy continental breakfast will be provided at the beginning of the event.

    Parking is available underneath the hotel in their parking garage, as well as on the streets surrounding the hotel.

    Please do not hesitate to contact us via email with any more questions you may have regarding the presentation or our services.

    by , 07-31-2017 at 09:56 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    In April Pres. Trump nominated Lee Francis Cissna to be the Director of the USCIS. USCIS is a sub-agency of the Department of Homeland Security. USCIS is tasked with processing immigration applications and petitions. The Director normally reports directly to the Secretary of the Department of Homeland Security. Because it is such an important position, any nomination for Director requires confirmation by the Senate.

    Three months have now passed since the President’s nomination of Mr. Cissna. Although the President has complained loudly about Senate Democrats holding up confirmations, that does not seem to be the case with Mr. Cissna's nomination.

    In mid-May, Pro Publica reported that Mr. Cissna had spent much of the last few years ghost-writing letters on behalf of Sen. Grassley (R-IA). These letters were aimed at dismantling much of Pres. Obama’s immigration policies. On May 31, Mr. Cissna testified in front of the Senate Judiciary Committee. Three hundred immigration stakeholders have since pushed the administration to withdraw Mr. Cissna’s nomination.

    Why did Sen. Tills delay Cissna's confirmation? Sen. Tillis wanted an increase of H-2B visas, which are temporary visas used in seasonal occupations. North Carolina uses more H-2B visas than 47 other states, trailing only Texas and Colorado. In mid-July, the President caved into Sen. Tillis’ demands and released an additional 15,000 H-2B visas. Only then did Sen. Tillis agree to lift his hold on the confirmation.

    Yet Mr. Cissna’s confirmation continues to sit. Right-wing media, who are fans of Mr. Cissna’s views, are ramping up the pressure on the GOP Senate to move forward.

    Because the Cissna nomination is still stuck, questions remain: Is Mr. Cissna going to be confirmed before the August recess? Is his delay more about him or more about the Senate’s packed schedule? Will the forthcoming DHS Secretary withdraw Mr. Cissna and want to appoint his own candidate? We should know a lot between now and the recess.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at and You can also visit us on Facebook, Twitter and LinknedIn

    Updated 07-31-2017 at 04:38 PM by CMusillo


    by , 07-26-2017 at 08:43 AM (Chris Musillo on Nurse and Allied Health Immigration)
    MU Law is pleased to announce a free healthcare immigration webinar on August 1, 2017 at 3PM ET for all clients and friend of the firm. It is ideal for US employers, staffing companies, recruiters, and others interested in healthcare immigration.

    Click here to REGISTER

    The Healthcare Immigration Seminar will feature these topics:

    • Green card Immigration for Nurses and Physical Therapists (Schedule A occupations)
    • Filing for Green card when you have an Unanticipated Worksite
    • Visa Screens and Healthcare Worker Certificates
    • FCCPT and the future of PT immigration
    • H-1B visas for PTs, OTs, Med Techs, and other allied healthcare workers
    • Managing Social Security Numbers and Licensure
    • H-1B cap-exempt entities
    • Immigration under the Trump administration
    • Legislative and Regulatory changes that may be on the horizon

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at and You can also visit us on Facebook, Twitter and LinknedIn


    by , 07-24-2017 at 09:24 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    Last year the USCIS issued new guidance regarding when a foreign national can port his/her I-485. Under the American Competitiveness in the Twenty-First Century Act (AC21) a foreign national can change his/her employer or job during the green card process once the I-485 has been pending for 180 day or more.

    When changing positions, the green card applicant and their new employer, must file a form I-485(j) with the USCIS confirming the new employer is taking over the green card case, agrees to pay the prevailing wage, and that the new position is the same or similar to the position described in the green card application.

    The USCIS will consider the totality of the circumstances when determining if the green card job and the new job are the same or similar. Specifically, 2016 memo describes how Immigration Officers can review the occupation codes assigned to both jobs by the Department of Labor when determining if the two jobs are the same or similar.

    Evidence that the positions are the same or similar can include:

    • · The job duties of both positions;
    • · The skills, expertise, education, training, licenses or certifications specifically required to perform each job;
    • · The wages offered for each job; and
    • · Any other material and credible evidence relevant to the determination.

    Green card applicants can also port their I-485s when, in their new position, they are primarily responsible for managing the same or similar function of their original job. For example, if a PT is promoted to Senior PT and supervises other PTs and PTAs. It is also acceptable for the applicant to manage workers in a different occupation if the change in position is a normal career progression. For instance, if an OT is promoted to Rehab Manager, the OT may be supervising other OTs as well as OTAs, PTs, PTAs, SLPs, and others.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at and You can also visit us on Facebook, Twitter and LinknedIn.

    by , 07-20-2017 at 02:09 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State’s Visa Bulletin guru, Charlie Oppenheim, hosts monthly meetings with the American Immigration Lawyers Association. Charlie Oppenheim is the Department of State’s Chief of the Control and Reporting Division. He is the officer who is responsible for producing the Visa Bulletin each month.

    This month’s Check In With Charlie featured projections for EB2 and EB3, which are the most popular categories for readers of this Blog. Here are some of this month’s highlights, along with our analysis:

    EB-2 Worldwide. Although there may be a retrogression in September, the Worldwide EB-2 should return to current in October and remain there for the rest of this calendar year.

    EB-2 India. This category is expected to use the full allotment of visas in September, which may result in the category becoming temporarily unavailable. It should have a July 2008 date in October 2017.

    EB-3 Worldwide. This category will remain current or close to current for the foreseeable future.

    EB-3 India. This category will advance several months in September 2017. However, because of expected demand in FY 2018 for EB-3 Worldwide, we will not see fast progress after October 2017. India EB-3 benefited in FY 2017 because demand for Worldwide EB-3 was light, resulting in Worldwide EB-3 numbers spilling into India EB-3.

    EB-3 Philippines. In FY 2018, we will not see this category move nearly as fast as it did in FY 2017. We will have a better idea of where Phils EB-3 is headed with the publication of the October 2017 Visa Bulletin, which is the first of FY 2018.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at and You can also visit us on Facebook and follow us on Twitter or LinknedIn

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