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Chris Musillo on Nurse and Allied Health Immigration

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  1. DOL ANNOUNCES HEIGHTENED ENFORCEMENT

    by , 06-08-2017 at 04:40 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    Secretary Acosta has determined it is the policy of the DOL to vigorously and actively enforce laws governing visa programs. The DOL actions for enforcement include:

    -The DOL Wage and Hour Division will conduct more civil investigations and site visits.

    -The DOL Employment and Training Administration will develop and propose changes to the LCA (Labor Condition Application) as well as other forms to better identify violations and fraud. Among other things, the DOL will be looking at how to better monitor LCA filings for violations and prevent fraud with regard to the:


    • exemptions for H-1B dependent employers where the employee has a master’s degree or greater or makes $60,000/year or more;
    • the rate of pay listed on the LCA; and
    • the worksite location(s) listed on the LCA.


    -The DOL will actively coordinate with and refer cases to the Inspector General and Attorney General in cases of criminal fraud, which is outside the DOL’s jurisdiction.

    -There will be additional training of DOL Officers to detect civil and criminal fraud.

    - The DOL will continue to work with the US Department of Justice and US Department of Homeland Security to investigate, detect, and prevent fraud in all visa programs.

    The DOL Office of the Inspector General has posted some recent cases on its 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. DINNER AT AILA

    by , 06-02-2017 at 03:04 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Are you an immigration attorney who is going to the AILA Annual Conference in New Orleans? If so, and if you do not have plans on Thursday evening, please join us for dinner.

    For the last several years a group of AILA lawyers who practice in healthcare have gotten together for a dinner on the Thursday of AILA Annual week. Most years we have about 15-20 people attend. Every year a few new people join the group.

    It is a great chance to catch up with old friends (and new ones!). It is a casual event. If you are an AILA attorney who is interested in attending this year’s dinner, please let me know how many will be attending from your group by June 16. Friends, spouses, etc. are also welcome.

    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 06-02-2017 at 03:10 PM by CMusillo

  3. USCIS DENYING GREEN CARDS TO OVERQUALIFIED BSN NURSES

    by , 05-30-2017 at 04:53 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    MU Law is aware that the USCIS has been denying/issuing RFE/NOIDs on I-140s when nurses hold a BSN. The USCIS somehow has been finding that BSN nurses are not qualified for nursing positions that require an Associate’s degree in nursing (ASN). USCIS claims that the I-140 should be denied because the BSN does not meet the exact requirements on the ETA Form 9089.

    This is ridiculous decision-making by USCIS. The BSN is, of course, a higher degree than an Associate’s degree. BSN nurses are more than qualified for these positions. The law is clear that any I-140 beneficiary can have additional skills, experience, or education beyond the requirements stated in the ETA Form 9089 and still meet the minimum requirements of the position.

    MU Law and others have reached out to USCIS through AILA, suggesting that this is a training issue at USCIS . As per a recent AILA update, USCIS is looking into this issue. We hope to have a positive update soon.

    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 05-30-2017 at 05:02 PM by CMusillo

  4. CHECKING IN ON THE VISA BULLETIN

    by , 05-24-2017 at 09:05 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, which are the most popular categories for readers of this Blog. Here are some of this month’s highlights:

    EB-3 Worldwide. Charlie expects EB-3 Worldwide to continue to be “effectively current” for the foreseeable future.

    EB-3 India. Charlie predicts that the July final action date for EB-3 India will advance to October 15, 2005, which he reiterated at a May 18, 2017 meeting with AILA in Washington, D.C.

    EB-2 India. Previously, Charlie believed that this category will recover to FY2017’s final action date. Unfortunately, he no longer believes this to be the case. This category may retrogress or exhaust in August, until October 1, 2017.

    EB-3 Philippines. Charlie did not comment on EB-3 Philippines, but MU Law’s internal tracking indicates that this category will continue to progress at the same rate as the last few months.

    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. H-1B CAP UPDATE

    by , 05-23-2017 at 08:31 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    On May 3, 2017, the USCIS announced that it completed the data entry for the 2017 (FY 2018) H-1B cap season. MU Law believes that it has received all of the H-1B receipts that it will receive this year. Our in-house receipt numbers mirror the overall 42% receipt number.

    H-1B Cap Approval Notices and RFEs. Last week, Musillo Unkenholt received its first 2017 H-1B cap approval notices. We have also received our first 2017 H-1B cap Requests for Evidence. It is unclear how long it will take the USCIS to issue approvals and RFEs for the H-1B cap cases.

    H-1B Returned Petitions. Musillo Unkenholt has not yet received any returned H-1B cap-subject petitions from USCIS. Last year, we continued to receive unselected petitions into August. Our hope is that the USCIS will be faster in light of the 20% decline in H-1B cap petition filings.

    H-1B Premium Processing. What is also unknown is the state of the Premium Processing Service (PPS) for H-1B petitions. In March the USCIS revealed that it would be suspending PPS for all H-1B petitions, including cap-subject, amendments, and extensions, for as long as 6 months. A 6-month suspension of H-1B PPS means that H-1B PPS could be suspended until October 1, 2017. USCIS has made no announcement as to whether it will shorten the H-1B PPS suspension since so few H-1B cap petitions were filed.

    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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