ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Chris Musillo on Nurse and Allied Health Immigration

description

  1. GRASSLEY, DURBIN REINTRODUCE H-1B BILL

    by , 01-25-2017 at 02:14 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Sens. Grassley (R-IA) and Durbin (D-IL) have reintroduced their H-1B bill. They have introduced a version of this bill for the last several Congressional sessions. The last version of the bill only attracted 5 co-sponsors, and never had any significant traction in Congress. This term, competing and related House bills have been offered by Rep. Issa and Rep. Lofgren.

    It remains unclear how this one differs, if at all, from the last versions, since the text of the bill has not yet been released. The last version of the bill included several significant changes to the H-1B process. That bill creates a preference system for the H-1B lottery, which prioritized H-1B workers in this order:


    • Masters (or greater) degree in STEM from a US university
    • Companies who offer a Level 4 wage for that H-1B worker
    • Masters (or greater) degree in any other major from a US university
    • Companies who offer a Level 3 wage for that H-1B worker
    • Bachelor’s degree in STEM from a US university
    • Bachelor’s degree in any other major from a US university
    • Schedule A occupation
    • Good corporate citizens


    Other components of the bill included:


    • H-1Bs must pay at least a level 2 wage for all H-1Bs
    • Require a posting on USA jobs.gov for 30 days prior to filing an H-1B
    • Employer must certify that no US worker has been displaced and that the employer has attempted to recruit US workers
    • 50/50 employers are barred from the H-1B process
    • H-1B limited to 3 years, unless the H-1B worker has an approved I-140
    • Additional burden for employers who place workers at third-party worksites.
    • Increased investigative power for DOL
    • Changes to the L-1 program


    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. VISA BULLETIN: "CONSISTENT FORWARD MOVEMENT" EXPECTED FOR PHILS EB-3

    by , 01-23-2017 at 11:52 AM (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 predictions about EB2 and EB3 in most of the popular categories for readers of this Blog. Here are some highlights:

    Philippine EB3 – Charlie again offered his most optimistic predictions for this category. He said that he expects “consistent forward movement” in the EB-3 Philippines category. While he does not expect the Philippines EB-3 to catch up to the Worldwide date, he expects Philippines EB-3 to “recover significantly”. This is consistent with internal MU Law analysis, which sees this category progressing at least into 2013 by the Summer of 2017.

    India EB2 and EB3 – Unfortunately the news is not so rosy for Indian nationals. Neither EB2 nor EB3 is expected to progress to any significant degree.

    Worldwide EB-2 and EB-3 – EB-2 will remain current for the foreseeable future. It is our expectation that Worldwide EB-3 will continue to see a slight retrogression, consistent with the recent past. The Worldwide EB-3 date may stall in the Spring/Summer of 2017, as the full allotment of numbers gets used. It will then move quickly again into the next fiscal year.

    China EB-2 and EB-3 - These categories are the most difficult to predict. The DOS is trying to be conservative in the forward progression of these dates in an effort to stop the see-saw progression and retrogression of dates that we have seen in the recent past.


    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. MU LAW, AAIHR, AILA SUCCESSFULLY RESOLVE MANILA POST PROBLEMS

    by , 01-19-2017 at 10:20 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    For much of the second half of 2016, the US Embassy at Manila has been delaying Visa appointments because of a bad interpretation of law. Through the combined effort of MU Law, AAIHR, and AILA, it appears that the Manila Post will no longer incorrectly interpret these visa applications, which should lead to speedier visa issuance.

    The Manila Post was incorrectly readjudicating previously approved green card applications. In some instances, these applications were several years’ old. The Post would often ask for updated prevailing wage determinations, posting, and labor certifications. MU Law and the AAIHR, through AILA and other communication channels spent much of the second half of 2016 explaining in detail why these readjudications were contrary to law. These interpretations were limited to the Manila Post. Other Posts were not readjudicating these types of applications.

    The Post has confirmed that they agree with our legal position and will no longer readjudicate these applications. The Post has also set out a framework to prioritize these types of matters.

    In the last week or two, MU Law has noticed that visa application delays have ceased, which likely is the result of this Manila Post policy change. MU Law commends the Manila Post on its willingness to dialogue on this issue.

    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 01-19-2017 at 10:23 AM by CMusillo

  4. FEBRUARY 2017 VISA BULLETIN: ANALYSIS

    by , 01-11-2017 at 09:14 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

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

    February 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
    15NOV12
    15APR08
    C
    C
    3rd
    01OCT16
    01OCT13
    22MAR05
    01OCT16
    15OCT11


    MU Law Analysis

    All Other: The EB-2 has been current for many years. The EB-3 progression continues. Consular processed EB-3 are effectively current.

    China: The China EB-2 date moved up one month. The China EB-3 date also progressed about one month. 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 and EB-3 India stayed virtually the same, unfortunately.

    Mexico: Mirrors All Other in all aspects.

    Philippines: EB-3 moved ahead by another three months. The Philippine EB-3 number essentially cleaned out all 2010 EB-3 visas and much of the 2011 EB-2 visas in just five 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.
  5. ISSA OFFERS H-1B BILL AIMED AT H-1B DEPENDENT EMPLOYERS

    by , 01-09-2017 at 04:22 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Last week, Rep. Darrell Issa (R-CA) proposed the Protect and Grow American Jobs Act, which has been co-sponsored by Congressman Scott Peters (D-CA). The bill is aimed at H-1B dependent employers.

    H-1B dependent employers are employers whose workforce is comprised of at least 15 percent H-1B workers. The 15 percent rule is modified for H-1B employers with fewer than 25 employees.

    “H-1B dependent employers” must make two additional attestations to the USCIS in order to have an H-1B petition approved, above and beyond the usual H-1B requirements and attestations.

    The two attestations affirm that the employer has (i) taken steps to insure that no US workers are being displaced as a result of the H-1B petition and (ii) taken steps to recruit US workers for these positions.

    Under current law, H-1B dependent employers are exempt from these two attestations if they agree to pay the H-1B worker at least $60,000 per year and/or the H-1B worker holds at least the equivalent of a US master’s degree.

    According to his website, Cong. Issa’s bill makes two changes to the law. The bill raises the first exemption to $100,000 per year and eliminates the master’s degree exemption. The full text of the bill has not yet been released.


    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.
Page 2 of 125 FirstFirst 12341252102 ... LastLast
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: