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Chris Musillo on Nurse and Allied Health Immigration

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  1. HIGH-SKILLED WORKER REGULATION SUMMARY

    by , 12-15-2016 at 08:44 AM (Chris Musillo on Nurse and Allied Health Immigration)
    The USCIS recently finalized a new regulation to benefit high-skilled workers which will go into effect on January 17, 2017 – just three days before President-Elect Trump is inaugurated. The regulation was purposely timed to precede the new Trump administration. Opinions are mixed on whether the new regulation will stay in effect, or will be immediately revoked or rewritten when President Trump takes office.

    Some important highlights of the regulation are:


    • New 60 Day Grace Period. H-1Bs, L-1s, Es, TNs, and Os and their dependents will have a 60 day grace period in the event that the principal visa status holder loses his/her job. The grace period will allow these nonimmigrant visa holders to remain in the US and find a new job. The 60-day grace period may be provided to an individual only once per authorized validity period. An individual may be provided other such grace periods if he or she receives a new authorized validity period in one of the eligible nonimmigrant classifications.

    • Flexibility for H-1B licensed occupations. The USCIS will approve H-1B petitions for a validity period of up to one year where the applicant can prove that the H-1B employee does not have a US professional license due to the State’s requirement of a social security number, US employment authorization, or a similar technical requirement. This has been USCIS policy, but is now officially law. Unfortunately, the USCIS still has much discretion in this area to interpret local state licensure law.




    • EAD extensions. An EAD will automatically be extended for 180 days, as long as an EAD extension was filed before the expiration of the current EAD. This will provide needed certainty of continued work authorization.



    • Cap-Exempt Employers. The new rule reworks the H-1B cap-exempt employers rule for employers who are affiliated with an institute of higher education in two ways.


    o DHS is replacing the term ‘‘primary purpose’’ with ‘‘fundamental activity.” This is a less-restrictive standard than the current “primary purpose” rule. Going forward, ‘‘a fundamental activity’’ of the nonprofit entity must be to directly contribute to the research or education mission of the institution of higher education.

    o A non-profit that has a formal written agreement that establishes an “active working relationship” with a University, no longer has to have shared ownership and control. This is also a lesser standard than at present.


    • Retention of I-140 in almost all situations. This new rule clarifies existing USCIS policy that allows Beneficiaries to generally retain their I-140s even if the prior employer revokes the I-140. This will allow these Beneficiaries to (i) recapture the I-140 priority date in future green card applications and (ii) take advantage of spousal work authorization rules without fear of an underlying I-140 revocation.


    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at
    www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.

    Updated 01-07-2017 at 01:24 PM by CMusillo

  2. JANUARY 2017 VISA BULLETIN: NEWS AND ANALYSIS

    by , 12-12-2016 at 01:12 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the January 2017 Visa Bulletin. This is the fourth Visa Bulletin of Fiscal Year 2017. This blog post analyzes this month's Visa Bulletin.

    January 2017 Visa Bulletin



    Final Action Dates

    Applications with these dates may be approved for their Green Card (Permanent Residency card).

    Employ-
    ment
    based

    All Charge-
    ability
    Areas Except
    Those Listed

    CHINA-
    mainland
    born

    INDIA
    MEXICO
    PHILIPPINES
    1st
    C
    C
    C
    C
    C
    2nd
    C
    15OCT12
    15APR08
    C
    C
    3rd
    01AUG16
    08SEP13
    15MAR05
    01AUG16
    22JUL11





    MU Law Analysis




    All Other: The EB-2 has been current for many years. The EB-3 progression continues. For Consular processing cases an August 2016 date is effectively Current.



    China: The China EB-2 date moved up about one month. The China EB-3 date progressed three months. The China EB-3 continues to have a more favorable date than EB-2, as a result of many Chinese EB-3 workers "upgrading" their applications to EB-2.

    India: EB-2 India had another impressive progression from last month, moving forward two months. EB-3 stayed the same unfortunately.



    Mexico: Mirrors All Other in all aspects.


    Philippines: EB-3 moved ahead by another seven weeks. The Philippine EB-3 number essentially cleaned out all 2010 EB-3 visas and half of the 2011 EB-2 visas in just four months. This is what we have expected. (Our note from September 2016: "This is consistent with internal MU Law analysis which sees this category progressing into 2013 by the Summer of 2017.").



    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.
  3. US RN SHORTAGE TO WORSEN IN THE COMING YEARS

    by , 11-16-2016 at 08:36 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    American Public Media’s radio program Marketplace recently broadcast a story regarding the nursing shortage in the US, which is predicted to worsen over the next ten years. The shortage is expected for the following reasons:


    1. More than one third of RNs in the United States are over the age of 50 and will begin retiring or working less hours in the coming years.
    2. As these RNs retire, there are not enough new RNs to fill the open positions.
    3. The cost of training new RNs is going up. Many RNs graduate with over $70,000 of debt, which has dissuaded some students from pursuing a career as an RN. This has also led some US lawmakers to consider government grants for nursing students.
    4. By 2025 nearly 70 million Americans will be over the age of 65 and many will have chronic illnesses which will likely create more demand for RNs in the United States.
    5. Many more Americans have access to healthcare under the Affordable Care Act (also called Obamacare); this too will cause more demand for medical treatment and the need for RNs.


    The US Department of Labor, Bureau of Labor Statistics projects employment of RNs will grow 16% from 2014 to 2024, much faster than the average for other occupations. Job opportunities for RNs are expected to be good.


    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.
  4. FREE VISA CONFERENCE IN CHICAGO, SAN FRANCISCO BAY AREA

    by , 11-15-2016 at 10:02 AM (Chris Musillo on Nurse and Allied Health Immigration)
    MU’s Chris Musillo is a featured speaker at the Visa Solutions Seminars in Chicago and in the Bay Area. Chris is speaking with Dave Brown of Brown Immigration in Omaha, Nebraska. Chris and Dave bring over 30 years of combined business immigration experience.

    Register here.

    The Chicago seminar is Tuesday November 29, 2016 8AM – 10AM at the Chicago Marriott Southwest.

    The Bay Area seminars are:

    Sunnyvale, CA - Wednesday, December 7th, 2016 (8AM – 10AM), Plug and Play Tech Center, 440 N. Wolfe Road.

    Oakland, CA - Wednesday, December 7th, 2016 (3PM – 4:30PM), Rosenblum Cellars, 10 Clay Street, Oakland, CA 94607, Complimentary wine tasting included after the event.

    San Francisco, CA - Thursday, December 8th, 2016 (8AM – 10 AM), Hyatt Regency, 5 Embarcadero Center.

    Registration is free if made in advance of the seminar. The seminar will run for 90 minutes. The morning seminars include a complimentary breakfast and coffee.

    This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM andy has met HR Certification Institute’s (HRCI) criteria for recertification credit pre-approval.

    Seminar Topics

    • Navigating the 10 Most Important Immigration Issues Facing HR Today
    • How do I structure the PERM filing to avoid audit triggers?
    • How do I avoid hurting retention/morale while filing H-1s or PERMs?
    • Considering the scarcity of H-1B visas, what other options exist for recruiting foreign talent?
    • When is Premium Processing truly necessary and/or paid for by the company? When should a company allow an employee to pay it personally?
    • How and when should employers initiate the green card process?
    • When does the H-1B wage obligation start? When does it end? How does an employer effect a bona fide H-1B termination?
    • How do I create the perfect Public Access File and deal with a Department of Labor audit of a company’s H-1B files? What does the DOL look for?
    • Given last year’s Simeio Solutions decision – when/why must I file an amendment H-1B when someone moves location? And how do I avoid this problem?
    • How do I manage Customs and Border Protection issues and their penchant for incorrectly issuing Form I-94s at the port of entry?
    • How should I prepare for changing immigration policy under Donald Trump?


    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.
  5. DECEMBER 2016 VISA BULLETIN: ANALYSIS

    by , 11-09-2016 at 11:21 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the December 2016 Visa Bulletin. This is the third Visa Bulletin of Fiscal Year 2017. This blog post analyzes this month's Visa Bulletin.

    December 2016 Visa Bulletin



    Final Action Dates

    Applications with these dates may be approved for their Green Card (Permanent Residency card).

    Employ-
    ment
    based

    All Charge-
    ability
    Areas Except
    Those Listed

    CHINA-
    mainland
    born

    INDIA
    MEXICO
    PHILIPPINES
    1st
    C
    C
    C
    C
    C
    2nd
    C
    22SEP12
    01FEB08
    C
    C
    3rd
    01JUL16
    01JUL13
    15MAR05
    01JUL16
    01JUN11



    MU Law Analysis


    All Other: The EB-2 has been current for many years. The EB-3 progression continues. For Consular processing cases a July 2016 date is effectively Current.


    China: The China EB-2 date moved up two months. The China EB-3 date progressed three months. The China EB-3 continues to have a more favorable date than EB-2, as a result of many Chinese EB-3 workers "upgrading" their applications to EB-2.

    India: EB-2 India had another impressive progression from last month, moving forward three months. EB-3 moved ahead by one week.



    Mexico: Mirrors All Other in all aspects.


    Philippines: EB-3 moved ahead by another two months. The Philippine EB-3 number essentially cleaned out all 2010 EB-3 visas and half of the 2011 EB-2 visas in just three months. This is what we have expected. (Our note from September 2016: "This is consistent with internal MU Law analysis which sees this category progressing into 2013 by the Summer of 2017.").

    We expect more of the same fast progression in FY2017 for Philippine EB-3. We expect that the Philippine EB-3 number will progress at least three years in FY2017.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.
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