ILW.COM - the immigration portal Immigration Daily

Home Page

Immigration Daily


Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW

VIP Network




Connect to us

Make us Homepage



The leading
immigration law
publisher - over
50000 pages of
free information!
© 1995-
Immigration LLC.

View RSS Feed

Chris Musillo on Nurse and Allied Health Immigration


  1. H-1B Cap at 56,900

    by , 11-24-2009 at 11:33 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    The H-1B cap of 65,000 may be reached before the end of the year. Historically, H-1B cap-subject cap filings have increased as we have gotten closer to the H-1B cap limit. MU employers are encouraged to ready any H-1B cap-subject as soon as possible.

    Employees that may need an H-1B visa include:
    - International students working on an EAD card under an OPT or CPT program after having attended a U.S. school;
    - International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case;
    - Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1;
    - H-1B workers with a cap exempt organization; and
    - Prospective international employees currently living abroad.

    International workers who are working here in the U.S. on an H-1B visa with another cap-subject employer are not subject to H-1B cap. These cases are commonly referred to as "transfer" cases and may be filed at any time throughout the year.

    Many healthcare professions ordinarily qualify for H-1(b) status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing jobs.

    From USCIS:

    As of November 20, 2009, approximately 56,900 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
  2. End of the H-1C

    by , 11-19-2009 at 02:44 PM (Chris Musillo on Nurse and Allied Health Immigration)

    by Chris MusilloOn December 20, 2009, the H-1C Nursing Relief for Disadvantaged Areas visa program will expire unless Congress takes further action. All H1C petitions must be filed before the December 20, 2009 expiration. At this point, it is unexpected that Congress will take the necessary action. The program was first authorized in 1999 and was last reauthorized in 2006. The H-1C is an H-1B-like visa program specifically for Registered Nurses.

    While the H-1C program could be an excellent visa option for some, legacy regulation and interpretation has limited the application of the H-1C to just 14 facilities in the United States. While the H-1C expiration may be devastating for these 14 facilities, it will have no effect on any other facilities in the United States.

  3. Embracing Sec. Napolitano's Message

    by , 11-17-2009 at 07:22 AM (Chris Musillo on Nurse and Allied Health Immigration)

    by Chris Musillo
    Last week DHS Secretary Napolitano implied that immigration reform is the next challenge that the administration will tackle. The Secretary's vision of Comprehensive Immigration Reform is a "three legged stool," where the three legs are:

    - a commitment to serious and effective enforcement;
    - improved legal flows for families and workers; and
    - a firm but fair way to deal with those who are already here.

    It is the second leg of the chair that appeals to those interested in liberalized Schedule A visa numbers. A law such as HR 2536 will allow for a steady flow of internationally trained nurses and physical therapists and also compel the recruitment community to fund domestic nurse education programs through additional filing fees for visas.

    The popular press is beginning to pick up on Sec. Napolitano's message. In the last few days, I have seen these stories and editorials:

    New York Times: Their Future Is Ours

    Washington Times: Will Democrats Err in Immigration Reforms?

    WSJ: Immigration Reform is back on the table (confirms that Sen. Schumer's office is working on producing a "firm but fair bill")

    Dallas Morning News: Time hasn't made immigration reform easier
    Newsweek: Rosier Prospects for Immigration Reform
    McClatchy: Immigration Reform is Long Overdue
    All of the editorials and articles focus on the third leg: a firm but fair way to deal with those who are already here. That aim is important. But the failings of the Immigration and Reform Control Act (IRCA) of 1986 were that it failed to deal with the immigration problems on an on-going basis. IRCA solved the problems of the past, but did nothing to solve the problems of the future.

    Toward that end, Sen. Schumer and his staff reportedly are also rewriting part of the Immigration and Nationality Act to provide for improved worker flows, including perhaps a progressive nurse visa policy in line with HR 2536. Legislators and the media should keep in mind that the stool has three legs.

  4. DHS Secretary says Obama "Fully Committed" to CIR

    by , 11-15-2009 at 04:00 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    Regular readers of this blog know that the best chance for liberalization of Schedule A visas - registered nurses and physical therapists -- is for the language of HR 2536 to be folded into next year's Comprehensive Immigration Reform. Sen. Schumer has taken the lead on this issue and is rumored to be working on a CIR bill.

    Nevertheless there has been some skepticism about whether CIR will ever be introduced. Some, like Rep. Gutierrez are getting anxious.

    This week we saw the best indication that CIR is still on schedule. In prepared remarks to the Center for American Progress, DHS Secretary Napolitano said,

    "the President continues to be fully committed to reforming our immigration laws, and why he asked me to take a lead role in this effort."

    Sec. Napolitano's plan calls for a "three-legged stool". She continued,

    "Let me be clear: when I talk about "immigration reform," I'm referring to what I call the "three-legged stool" that includes a commitment to serious and effective enforcement, improved legal flows for families and workers, and a firm but fair way to deal with those who are already here."

    Legal changes to employment-based immigration, including improved legal flows for workers, is the only way that Schedule A visa reform can happen. We've seen a few indications that CIR is still set to move early next year. The Secretary's remarks are the clearest indicated yet.
  5. December 2009 Visa Bulletin

    by , 11-11-2009 at 08:52 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    At some point MU expects that the Visa Bulletin numbers will progress in a meaningful way, but this month is not the month.

    The December 2009 Visa Bulletin has no change in any Employment Based Visa Category, except for a slight uptick in India EB3. In the November 2009 Visa Bulletin showed 22APR01. It moved a week.

    EB1: All Current
    EB2: All Current, except China (01APR05) and India (22JAN05)
    EB3: All 01JUN02, except India (01May01).

    The one silver lining may be that, unlike in November 2009, the December 2009 did not include an explanation in the bulletin for the lack of progression in the dates. Here is November's explanation:

    The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.

Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: