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Chris Musillo on Nurse and Allied Health Immigration

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  1. BLOOMBERG NEWS ON THE NEW USCIS NURSE H-1B MEMO

    by , 08-27-2014 at 10:41 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Bloomberg News BNA has published a detailed analysis of several recent H-1B visa developments, including the new USCIS Nurse H-1B Memorandum. Several attorneys, including MU Law’s Chris Musillo, were interviewed for the article. Bloomberg has allowed MU Law to publish a copy of the article.

    The article discusses increasing H-1B denial rates in spite of the fact that no new H-1B regulations have been published by USCIS in years. One reason for the increasing denial rates have been stricter USCIS interpretations of “specialty occupation,” based on faulty reliance of the Department of Labor’s Occupational Outlook Handbook.

    Chris’ comments highlight the USCIS over-reliance on the Occupational Outlook Handbook when adjudicating H-1Bs for Registered Nurses. Chris points out that while most nursing positions do not require Bachelor Degrees, some do. Since some require a Bachelor’s degree the USCIS ought to look at an employer’s actual positional requirement instead of limiting review to the industry standards listed in the Occupational Outlook Handbook.

    The Bloomberg article also discusses some recent court decisions and USCIS interpretations in light of these decisions.

    The article can be read here.

    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com. You can also visit us onFacebook and follow us onTwitter.
  2. VISA PROJECTIONS FOR THE REST OF 2014

    by , 08-21-2014 at 10:05 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    AILA has recently dialoged with the Department of State’s Charlie Oppenheim, who is the DOS’ chief for producing the Visa Bulletin. MU Law has spoken with Mr. Oppenheim several times in the past and have always found that his projections are well thought out and very accurate.

    Here are his projections based on his recent conversation with AILA:


    • The Philippine EB-3 date should continue to be consistent with the Worldwide (Rest of World) date for at least the next few months. Usage of Philippine EB-1 and EB-2 numbers has decreased, leaving more numbers for Philippine EB-3.



    • India EB-2 numbers should continue to be favorable, although large jumps forward should not be expected. The current priority date for Indian EB-2 is May 1, 2009. Adjustment of Status applicants should be prepared to get RFEs for medical exams if their priority date is at or near that date. Adjustment of Status applicants should be prepared to get RFEs for medical exams if their priority date is at or near that date.


    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com. You can also visit us on Facebook and follow us onTwitter.

    Updated 09-16-2014 at 09:14 AM by CMusillo

  3. HOW TO GET PROOF OF SOCIAL SECURITY NUMBER

    by , 08-18-2014 at 10:33 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    One constant challenge for immigration foreign nationals is obtaining a Social Security Number once they have entered the US. Traditionally, the Social Security Administration (SSA) made Social Security Number cards available via in-person visits immediately or almost immediately after one entered the US. Effective August 1, 2014, however, the SSA will no longer provide Social Security Number card printouts. It will now take up to two weeks before the SSNs are issued.

    The SSA, says that the an applicant can get an instant letter online with a personal my Social Security account, or they may continue to call the SSA toll-free to request a letter by mail. The phone number is: 1-800-772-1213 (TTY 1-800-325-0778).


    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com. You can also visit us on Facebook and follow us onTwitter.

    Updated 08-18-2014 at 10:37 AM by CMusillo

  4. SEPTEMBER 2014 VISA BULLETIN: GREAT NEWS FOR THE PHILIPPINES

    by , 08-12-2014 at 05:53 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just released the September 2014 Visa Bulletin. This is the twelfth and final Visa Bulletin of the 2014 US Fiscal Year, which began on October 1, 2013. The October 2014 Visa Bulletin will begin the 2015 Fiscal Year.

    The Philippines EB-3 jumped again. It is now at April 2011, which is a four year jump in the last four months.

    India EB-2 also moved forward steadily. It progressed to May 2009.


    The Chinese EB-3 number remained at November 2008.


    The All Other EB-3 held steady as well. It remains at April 2011. As we predicted last month, it did not progress.


    Employment- Based All Chargeability Areas Except Those Listed CHINA - mainland born INDIA MEXICO PHILIPPINES
    1st C C C C C
    2nd C 08OCT09 01MAY09 C C
    3rd 01APR11 01NOV08 08NOV03 01APR11 01APR11
    Other Workers 01APR11 22JUL05 08NOV03 01APR11 01APR11
    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com. You can also visit us on Facebook and follow us onTwitter.
  5. TALK WITH THE NEW USCIS CHIEF

    by , 08-11-2014 at 08:52 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    New USCIS Chief Leon Rodriguez was nominated for the job shortly after Alejandro Mayorkas accepted the positon of Deputy Secretary of the USCIS. Director Rodriguez was sworn into the role on July 9, 2014. Mr. Mayorkas’ tenure as Director was marked by greater engagement with the public than his predecessors. Mr. Mayorkas regularly attended AILA functions and routinely held “town hall” style meetings with the public.

    Mr. Rodriguez seems poised to continue in this manner. USCIS will be holding a stakeholder teleconference on Thursday, Aug. 14, from 1:30 to 2:30 p.m. ET, with USCIS Director Léon Rodríguez.

    During the teleconference, Director Rodríguez will introduce himself to the USCIS stakeholder community and answer questions. Teleconference registration details are expected shortly.

    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com. You can also visit us on Facebook and follow us onTwitter.

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