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Chris Musillo on Nurse and Allied Health Immigration

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  1. SUPREME COURT REFUSES TO RE-HEAR CASE ON OBAMA’S IMMIGRATION EXECUTIVE ACTIONS

    by , 10-06-2016 at 08:19 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    On Monday, October 3, 2016, the US Supreme Court refused to reconsider the case regarding the expansion of DACA and creation of DAPA. DACA, created in 2012 will remain in place.

    President Obama sought to expand the qualifying criteria for DACA and create a program for the undocumented, immigrant parents of US Citizens. President Obama created DACA and sought to expand DACA and create DAPA by Executive Order, not an act of Congress. A group of states sued the US federal government, arguing the President did not have the power to expand DACA or create DAPA. In 2015, a Federal Judge agreed with the states and held the program to be invalid.

    In January 2016 the Supreme Court agreed to hear the case and seemed poised to issue a landmark decision on immigration. However, the Supreme Court deadlocked in a 4-4 decision which left in place the lower court’s, Federal Judge’s decision. President Obama then asked that the Supreme Court re-hear the case.

    The Supreme Court rarely reconsiders a case, but sometimes agrees to do so when the court is split 4-4 because one of the 9 justices is vacant due to illness, retirement, or death. Even if the Supreme Court had agreed to re-hear the case, the decision would not take effect until 2017 or later, after President Obama has left office. This decision (or indecision) by the Supreme Court draws more attention to the question of immigration and presidential power in the upcoming election.

    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.
  2. LAWSUIT AGAINST H-1B LOTTERY SURVIVES KEY LEGAL HURDLE

    by , 10-03-2016 at 08:01 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    The lawsuit was filed as a class action, a legal procedure which allows multiple individuals with the same grievance(s) to join together and file one lawsuit. The case was filed by two employers and two H-1B workers whose cases were not selected in the H-1B cap.

    The USCIS filed a motion to have the lawsuit thrown out of court, stating the H-1B workers cannot sue because they are not in the US and that the H-1B employers have not been injured by the H-1B lottery system. On September 23, 2016, the federal judge in the case rejected these arguments and indicated the case will move forward.

    If the lottery system is ended, the lawsuit argues that the USCIS should give priority dates to H-1Bs and process the cases in the order received, similar to how green cards are issued. Alternative approaches which have been suggested by various stakeholders include:


    • Raising the H-1B cap to a higher number
    • Basing the number of H-1Bs on the demand in the US economy
    • Creating H-1B cap exemption for those in STEM fields
    • Creating H-1B cap exemption for Schedule A occupations (currently RNs and PTS)
    • Creating H-1B cap exemption for those with a US master’s degree or greater


    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. AAIHR: USCIS ACTION ON FCCPT HURTS PATIENTS, PRACTITIONERS

    by , 09-28-2016 at 09:27 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The USCIS is no longer allowing fully-qualified foreign-educated physical therapists to practice in the US unless they have qualifications that far exceed American-educated physical therapists. This action harms US patients, who are already struggling to find qualified physical therapists.

    A simple review of recent news stories shows that Physical Therapy is the occupation in shortest supply. These supply shortage are already showing up across the US. For instance, places like Texas, Arizona, and across the US.

    The USCIS’ action is contrary to opinions by CAPTE, APTA, and the 53 State Boards of Physical Therapy, which includes all 50 states and other jurisdictions, such as Puerto Rico and Washington DC.

    The American Association of International Healthcare Recruitment is gravely concerned by USCIS’ intent to deny the authority of the FCCPT to issue foreign physical therapy healthcare worker certifications. Musillo Unkenholt, who is a member of the AAIHR, is working closely with the AAIHR to develop a strategy and dialogue with the USCIS over this decision.

    APTA reports the shortage of physical therapists could potentially reach over 27,000 in the United States by 2020, driven by a Bureau of Labor Statistics projected 34 percent increase in demand in physical therapists over the next eight years. This projection assumes that physical therapists trained abroad will continue to immigrate. The USCIS decision will only worsen this shortage.


    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. USCIS WILL ALLOW MORE I-485 FILINGS IN OCTOBER THAN USUAL

    by , 09-27-2016 at 07:56 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    USCIS has announced that for October 2016 it will allow I-485 filings for those immigrant visa applicants who qualify under the more favorable Date of Filing chart.


    Dates of Filing Chart - October 2016

    Employment-
    based

    All Chargeability
    Areas Except
    Those Listed

    CHINA-
    mainland
    born

    INDIA
    PHILIPPINES
    1st
    C
    C
    C
    C
    2nd
    C
    01MAR13
    22APR09
    C
    3rd
    C
    01MAY14
    01JUL05
    01SEP13


    If you have a priority date earlier than the dates listed on the above table, and you are lawfully in the United States, you can file your I-485 from October 1-31, 2016. Please keep in mind that the USCIS will not approve your immigrant visa application unless your priority date is earlier than the standard Final Action chart.


    Final Action Chart- October 2016

    Employment
    based

    All Charge-
    ability
    Areas Except
    Those Listed

    CHINA-
    mainland
    born

    INDIA
    PHILIPPINES
    1st
    C
    C
    C
    C
    2nd
    C
    15FEB12
    15JAN07
    C
    3rd
    01JUN16
    22JAN13
    01MAR05
    01DEC10

    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. FAQ ON THE NEW FCCPT STANDARD

    by , 09-24-2016 at 09:39 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    What is the new policy?

    All applicants for the FCCPT Type I Certificate must now hold a diploma that says the word “Masters”. If you have a diploma that says “Bachelors” you will not be eligible for the Type I Certificate. Also, an applicant must have at least 202.1 credit hours.

    When does the new policy go into effect?
    It is effective immediately. If you have a pending Application before the FCCPT, they will be returning your Application and issuing you a refund.

    I have heard that the standard may be again raise to a Doctorate of Physical Therapy. True?
    Yes. It is expected that if you apply for the Type I after January 1, that you will need to have a DPT in order to qualify for the Type I.

    But when I graduated from University, the American standard was a lesser degree. Am I “grandfathered in” under the old standard?
    Unfortunately the USCIS is taking the position that the Application filing date is controlling, not the date of graduation.

    I have a Type I that is expiring shortly. Should I be concerned?
    No. Renewals do NOT examine education, only licensure verification and proof of English proficiency.

    Why is the USCIS doing this?
    The USCIS’ decision was predicated on a number of misunderstandings and inaccuracies. USCIS’ decision to terminate FCCPT accrediting these international programs is largely based on flawed assumptions around required coursework hours and degree titles.

    Is anyone doing anything to try and change this new policy?
    Yes. There is a concerted effort from stakeholders to educate the USCIS about the problems with its new interpretation and the massive impact on US patients and on internationally-trained Physical Therapists.

    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 09-25-2016 at 09:54 AM by CMusillo

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