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Chris Musillo on Nurse and Allied Health Immigration

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  1. UPDATE: AILA CONFIRMS NO NEW POLICY CHANGE FOR TN-1 ADVANCE PRACTICE NURSES

    by , 03-21-2017 at 08:42 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Yesterday we posted about a new problem, US CBP officers were denying advance practice nurses’ applications for TN-1 visas. The reports said that at least one US CBP officer was quoting a “change in policy”. AILA has now confirmed that there is no policy change. The law remains: advance practice nurses qualify for TN-1 visas.

    In our blog post, we called on US CBP
    quickly to clarify whether there was or was not a policy change. To this extent, US CBP acted swiftly and should be commended for their quick action.

    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 03-21-2017 at 09:26 AM by CMusillo

  2. DO ADVANCE PRACTICE NURSES QUALIFY FOR THE TN-1 ?

    by , 03-20-2017 at 10:58 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    There is a mystery afoot at the northern border. Last week reputable news organizations, such as the CBC, reported that advance practice nurses were being told that they no longer qualified for the TN-1 visa at the Canadian-Michigan border.

    The TN-1 visa is a visa authorized under NAFTA. All of the jobs on the NAFTA occupations list are eligible for TN-1 visas. The NAFTA list is purposely vague. It does not list job descriptions for the occupations. Any rational job description includes advance practice nurses under the registered nurse domain. For instance, the State of Michigan law on registered nursing, includes advance practice nurses as a subset of registered nurse. Advance Practice nurses have been using the TN-1 for 20+ years.

    US Customs and Border Protection has been silent on the issue. Immigration attorneys are unsure if the denials are based on one rouge officerís mistaken understanding of law, or if it is a policy-wide decision.

    Either answer is problematic. If it is a rogue officer, then the US CBP ought to acknowledge their error, re-train the officer, and announce that advance practice nurses are eligible for the TN-1.

    If not, the administration ought to explain the rationale behind its policy-decision. The administrationís own Department of Labor says that for US workers, Ējob opportunities for advanced practice registered nurses are likely to be excellent.Ē Protectionism may be a valid policy argument in some areas, but plainly not for advance practice nurses, who are the forefront of treating American patients.


    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 03-20-2017 at 11:00 AM by CMusillo

  3. MUíS MARIA SCHNEIDER NAMED TO CINCINNATI BAR ASSOCIATION BOARD OF TRUSTEES

    by , 03-16-2017 at 01:57 PM (Chris Musillo on Nurse and Allied Health Immigration)

    MU Law is proud to announce that MU Law's Maria Schneider has been named to the Board of Trustees of the Cincinnati Bar Association (CBA). Schneiderís two-year term will begin on May 1, 2017. She will be officially inducted at the CBAís Annual Meeting on April 27, 2017.

    Schneider founded, chaired, and now Vice Chairs the CBAís Immigration Practice Group. Twice, under Attorney Schneiderís direction, the Immigration Practice Group won the CBAís Ingenuity Award. Schneiderís cover article on President Trumpís Executive Orders on immigration will be featured in the CBA Report in April 2017.

    The CBA will reach itsí 150th Anniversary in January 2022. The CBA Board will focus on ď150 Prime,Ē a five-year strategically eruptive and positively disruptive plan to prepare, engage, envision, and motivate success representing attorneys in the Greater Cincinnati area. The CBA has 3800 members throughout the Greater Cincinnati community.


    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. H-1B CAP: PAST AND FUTURE DEMAND

    by , 03-15-2017 at 08:53 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    This year’s H-1B filing date of April 1, 2017 is coming fast. MU Law predicts that H-1B petitioners certainly will file in excess of 200,000 petitions during the H-1B cap window of April 1-7, 2017. Last year’s record filing total of 240,000 may even be exceeded, although we have had reports of reduced demand this year.

    When the USCIS receives more H-1B petitions than slots available it holds an “H-1B lottery”. Last year, the USCIS held an H-1B lottery because it received over three times as many H-1B petitions as slots available.

    If you are considering filing an H-1B cap-subject petition, MU Law urges you to begin that process now.
    The H-1B is usually associated with IT positons. Most of the H-1B slots are used by IT professionals. Many healthcare professions also qualify for H-1B status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing positions.

    International workers who are working 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 “H-1B transfer” cases and may be filed at any time throughout the year.

    Employees that need a "cap-subject" H-1B 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
    * Prospective international employees currently living abroad


    Past H-1B Demand:



    Year: H-1B Cap Numbers: Date H-1B Cap Reached:
    H-1B 2003 (FY 2004) 65,000 October 1, 2003
    H-1B 2004 (FY 2005) 65,000 October 1, 2004
    H-1B 2005 (FY 2006) 85,000 August 10, 2005
    H-1B 2006 (FY 2007) 85,000 May 26, 2006
    H-1B 2007 (FY 2008) 85,000 April 1, 2007
    H-1B 2008 (FY 2009) 85,000 April 1, 2008
    H-1B 2009 (FY 2010) 85,000 December 21, 2009
    H-1B 2010 (FY 2011) 85,000 January 25, 2011
    H-1B 2011 (FY 2012) 85,000 November 22, 2011
    H-1B 2012 (FY 2013) 85,000 June 11, 2012
    H-1B 2013 (FY 2014) 85,000 April 1, 2013
    H-1B 2014 (FY 2015) 85,000 April 1, 2014
    H-1B 2015 (FY 2016) 85,000 April 1, 2015
    H-1B 2016 (FY 2017) 85,000 April 1, 2016
    H-1B 2017 (FY 2018) 85,000 April 1, 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.

    Updated 03-16-2017 at 01:57 PM by CMusillo

  5. APRIL 2017 VISA BULLETIN: DETAILED ANALYSIS AND PREDICTIONS

    by , 03-10-2017 at 11:34 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

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

    April 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
    15JAN13
    22JUN08
    C
    C
    3rd
    15FEB17
    15AUG14
    24MAR05
    15FEB17
    15SEP12



    MU Law Analysis

    All Other: The EB-2 has been current for many years. The EB-3 progression continues, moving an additional two months. Consular processed EB-3 are effectively current.

    China: The China EB-2 date again moved up one month. The China EB-3 again date progressed nearly six months, just as it did in the March 217 Visa Bulletin. 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 moved up about 3 weeks, while EB-3 India stayed essentially the same, unfortunately.


    Mexico: Mirrors All Other in all aspects.

    Philippines: EB-3 moved ahead by nearly six more months. The Philippine EB-3 number essentially cleaned out most of the 2010, 2011, and 2012 EB-3 visas in less than 6 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.
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