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Chris Musillo on Nurse and Allied Health Immigration

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  1. USCIS PROPOSES NEW RULE FOR ENTREPRENEURS

    by , 08-29-2016 at 01:42 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    On Friday, August 26, 2016 the USCIS released a proposed rule which would allow certain entrepreneurs to enter the United States for a temporary period of time to start a business in the US.

    The proposed rule would allow entrepreneurs of startup entities to enter the US, if the startup will provide a significant public benefit through the substantial and demonstrated potential for rapid business growth and job creation. Under the proposed rule, the USCIS will decide on a case-by-case basis if the entrepreneur is eligible to enter the US. Factors to be considered are:

    · If the entrepreneur has a significant interest in the startup (at least 15%) and has an active role in the startup’s operations;
    · If the startup was formed in the US within the past three years;
    · If the startup has substantial and demonstrated potential for rapid business growth and job creation, as evidenced by:

    • significant investment of capital (at least $345,000) from US investors with record of success,
    • significant investment of capital (at least $100,000) from a US government entity(ies),
    • partially satisfying one or both of the above criteria in addition to other reliable and compelling evidence of the startup’s potential for growth and job creation.

    Under this new rule, the entrepreneur may be granted up to a two year stay in the US to oversee startup. The entrepreneur may be granted an additional three year stay, but only if the entrepreneur and the startup entity continue to meet the criteria above.

    For additional information, please see the USCIS website.

    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. IMMIGRANTS ARE “IMPERATIVE” TO CURE US HEALTHCARE STAFFING SHORTAGES

    by , 08-24-2016 at 02:38 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    A new report by the Institute for Immigration Research declares that immigrant labor plays an “outsized and imperative role in the US healthcare system. The Advance Healthcare Network reports that the IIR reports these figures of the population are immigrant labor:

    28% of physicians and surgeons
    40% of medical scientists in pharmaceutical research and development
    50% of medical scientists in biotechnology in states with a strong biotechnology sector
    22% of nursing, psychiatric and home health aides
    15% of registered nurses

    This is in spite of the fact that only 13% of the US population is foreign-born. The IIR is funded by George Mason University.

    The AHN write-up quotes Monica Gomez Isaac, executive director of George Mason’s IIR. Ms. Isaac is very positive about the contributions that immigrants make in these fields, but she is incorrect in this quote:

    “In the instance of nurses, the lack of an international standard for qualifying registered nurses is absent. The varying degrees of training based on the standards of individual nations make it complex to recruit and fill nursing shortages.”

    This is untrue for two reasons. First, there is an international standard for qualifying nurses. All US nurses must pass the NCLEX-RN Exam, which is offered all around the world. Second, the training standards are not the reason for the lack of foreign-born nurses. Between 15-20,000 internationally-trained RNs are registering to take the NCLEX-RN exam every year. In the mid-2000s, that number was even higher.

    The problem is the immigrant visa retrogression. A fully-qualified nurse from the Philippines takes 3-5 to get her immigrant visa. A fully-qualified Indian nurse takes 10+ years. If the US Congress would update the immigration laws to allow in more nurses, the bottleneck would fade.


    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. FORTY-SEVEN IMMIGRANT ATHLETES COMPETE FOR TEAM US IN RIO

    by , 08-19-2016 at 09:19 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    As the Olympics in Rio come to a close, athletes for Team USA - both native and foreign born - have represented the red, white, and blue. The US sent 555 athletes to the Olympic Games in 27 sports. Forty-seven of Team USA’s competitors were born outside the United States!

    Notable immigrant athletes on Team USA included:


    • Danell Leyva (gymnastics) was born in Cuba and defected to Miami, Florida with his mom and sister when he was only two years old. Danell won two silver medals at the Rio Olympics on the men’s parallel bars and the men’s horizontal bar.



    • Meb Keflezighi (track and field) is one of the most decorated US marathoners of all time. Born in Eritrea, he moved to the US at the age of 11. In 2014 he won the Boston Marathon becoming the first American to do so since 1983. Meb will run in the men’s marathon on Sunday, August 21, becoming the oldest US Olympic runner of all time.









    • Kyrie Irving (basketball) was born in Melbourne, Australia while his father pursued a professional career in an Aussie league. He holds dual citizenship and was asked to play on the Australian national team, but chose to play for Team USA.


    Congratulations to all the athletes on Team USA and too all the Olympians!


    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. MU LAW CINCINNATI SEMINAR: IMMIGRATION SOLUTIONS FOR A TIGHT LABOR MARKET

    by , 08-15-2016 at 04:47 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Musillo Unkenholt LLC (MU Law) is proud to co-sponsor a Cincinnati seminar with Graydon Head, Cincinnati’s premier full-service law firm. The event will be held September 13, 2016 on the campus of Xavier University. The program runs from 7:30 - 10:00 AM and will feature a panel of local Cincinnati business leaders. The seminar is free to attend.

    Join Graydon Head & Musillo Unkenholt as they lead an informative conversation about using immigration to solve staffing supply shortages - and the legal and practical issues that may arise. A panel of experts who have dealt with these situations will share their struggles and successes on using immigration solutions in a tight labor market.

    If you are interested in attending, please RSVP to Sam Rossell, 513.629.2727 or via email.

    This program is valid for 1.5 PDCs for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.


    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. SEPTEMBER 2016 VISA BULLETIN ANALYSIS

    by , 08-08-2016 at 02:40 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the September 2016 Visa Bulletin. This is the twelfth and final Visa Bulletin of Fiscal Year 2016. As the fiscal year winds down, the last few Visa Bulletins always have some surprises.


    This Visa Bulletin is no exception. Some dates progressed favorably. Other dates retrogressed. Rest assured that these changes are temporary.

    Readers should rest assured that everything will go back to "normal" on October 1, 2016, the start of the next fiscal year.

    September 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
    EL SALVADOR
    GUATEMALA
    HONDURAS
    INDIA MEXICO PHILIPPINES
    1st C 01JAN10 C 01JAN10 C C
    2nd 01FEB14 01JAN10 01FEB14 22FEB05 01FEB14 01FEB14
    3rd 01MAY16 01JAN10 01MAY16 15FEB05 01MAY16 01JUL10

    MU Law Analysis

    All Other: The EB-2 has been current for many years. The retrogression of the EB-2 category simply means that the DOS approved more cases than it expected to in FY2016. The EB-3 moved forward by two months. These dates continue to be very favorable. We expect that All Other dates will continue to be positive for the foreseeable future, starting on October 1, 2016.

    China: These dates mirror the August 2016's Visa Bulletin. We expect positive movement in October 2016.

    India: EB-3 moved ahead by ten weeks as did EB-2. The DOS is trying to make sure that all available Indian immigrant visas are used.

    Mexico: Mirrors All Other in all aspects.

    Philippines: EB-3 moved ahead by ten months, into 2010. This is what we have expected. (Our note from May 2016: "MU Law believes that Philippines EB-3 will continue to steadily move forward in the coming months. We expect it to move into 2009 in the by early summer, and may reach 2010 by the end of this fiscal year."). The Feb 2014 retrogression date for EB-2 should be of no concern for those in this category. Philippine EB-2 will be current in October 2016.


    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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