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Chris Musillo on Nurse and Allied Health Immigration

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  1. MARCH 2014 VISA BULLETIN

    by , 03-09-2014 at 01:51 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just released the March 2014 Visa Bulletin. This is the sixth Visa Bulletin of the 2014 US Fiscal Year, which began on October 1, 2013.

    The Philippines EB-3 and All Other Countries EB-3 date moved forward one more month. Unfortunately India EB-2 and EB-3 held steady.

    The Chinese EB-2 and EB-3 continued to be flipped: the Chinese EB-2 is worse than the Chinese EB-3. Chinese nationals who are EB-2 may be able to file an EB-3. Chinese EB-3s should check with their attorneys to effect this change.The Chinese EB-3 mirrors the All Other EB-3.


    Employment- Based All Chargeability Areas Except Those Listed China - mainland born INDIA MEXICO PHILIPPINES
    1st C C C C C
    2nd C 08MAR09 15NOV04 C C
    3rd 01OCT12 01OCT12 15SEP03 01OCT12 15JUN07
    Other Workers 01OCT12 01OCT12 15SEP03 01OCT12 15JUN07


    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 on Twitter.
  2. US ADDS CHILE TO VISA WAIVER PROGRAM

    by , 03-06-2014 at 02:06 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Effective May 1, 2014, the country of Chile joins 37 other countries who are part of the US' Visa Waiver program. Chilean passport holders with both an approved Electronic System for Travel Authorization (ESTA) and an e-passport will be able to visit the United States without nonimmigrant visitor visas. Chilean nationals will no longer have to apply for a B1/B2 visa.

    Chile is one of the most-preferred counties in US immigration. Not only is Chile now the first Latin American country to qualify for the Visa Waiver program, it is only one of five countries who may avoid the onerous H-1B cap by filing a Trade Visa.

    The five Trade Visa Countries are: Canada (TN), Mexico (TN, Australia (E-3), Singapore (H-1B1), and Chile (H-1B1).

    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 on Twitter.
  3. USCIS SEEKS INFO ON H-1s FOR RNs

    by , 03-03-2014 at 09:00 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    USCIS is asking the public for help on the issue of H-1B visas for Registered Nurses. In particular the USCIS seeks assistance the questions at the end of this blog posting.

    The USCIS will not take case-specific questions or questions on allied healthcare workers. The question period is through March 7, 2014.


    • What current trends and developments in the employment of nurses should USCIS be aware of? For example, have there been recent changes to the minimum educational, experience, training and/or other requirements for entry into certain specific nursing occupations?

    • What new or updated USCIS guidance is needed for H-1B nonimmigrant and Schedule A-based immigrant visa petitions for nurses? Are there any recommended changes or updates to the November 27, 2002, USCIS Policy Memorandum on H-1B petitions for nurses, including the list of advanced practice nursing occupations?

    • Are there any concerns regarding how USCIS has applied applicable law or policy in adjudicating H-1B nonimmigrant and Schedule A-based immigrant visa petitions for nurses?

    • Where is the greatest need for either permanent and/or temporary nurses?

    • How are hospitals and medical offices utilizing staffing companies? When a staffing company places a nurse with a hospital and/or a medical office, which entity retains control over the nurse’s employment and what are indicators for that?

    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 on Twitter.
  4. MEXICAN TNs NO LONGER NEED USCIS APPROVAL

    by , 02-25-2014 at 11:23 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Traditionally Mexican nationals have had to get pre-clearance from the domestic USCIS prior to applying for their Mexican TN visa. This has added cost and time to the TN process. Recently however the US streamlined the process for Mexican TN workers. Mexican TN workers can now directly apply (http://travel.state.gov/content/visa...ent/nafta.html) at the US Embassy or Consulate for their visa.

    The Mexican national should now complete the electronic DS-160 as the first step and include a detailed US Employment Letter. The letter should include the legal analysis confirming that the offered position is one of the NAFTA occupations listed on NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1 (https://www.nafta-sec-alena.org/Defa...-US#Ap1603.D.1).

    MU Law advises that the Employment letter includes:


    • Job Title
    • Qualifying profession in which the applicant will be engaging (from the NAFTA Professional Job Series List)
    • Detailed description of proposed employment
    • Location of proposed employment
    • Full or Part-time (specify no. of hours per week)
    • Proposed wages per hour/week
    • Justification for employee with applicant’s profession and duration of proposed employment (explain justification)
    • Type of licensure required for proposed employment (note: compliance enforcement is the responsibility of local or state authority and lack of licensure is not a basis for visa refusal)



    Here is the list of qualified Healthcare Occupations:

    Job title Qualification
    Dentist D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license
    Dietitian Baccalaureate or Licenciatura Degree; or state/provincial license
    Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) 6 Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
    Nutritionist Baccalaureate or Licenciatura Degree
    Occupational Therapist Baccalaureate or Licenciatura Degree; or state/provincial license
    Pharmacist Baccalaureate or Licenciatura Degree; or state/provincial license
    Physician (teaching or research only) M.D. or Doctor en Medicina; or state/provincial license
    Physiotherapist/Physical Therapist Baccalaureate or Licenciatura Degree; or state/provincial license
    Psychologist State/provincial license; or Licenciatura Degree
    Recreational Therapist Baccalaureate or Licenciatura Degree
    Registered Nurse State/provincial license; or Licenciatura Degree

    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 on Twitter.
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  5. THE TIME TO PREPARE YOUR H-1B IS NOW

    by , 02-21-2014 at 09:02 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Fiscal Year 2015 (FY2015) H-1B cap season will begin on April 1, 2014. Last year (FY2014), the H-1B cap was reached on Day One (April 5, 2013 – the USCIS allows any H-1B petition received during the first week to be counted as a Day One filing).

    From 2009-11, the H-1B cap remained opened for at least one-half the year. For the prior three fiscal years (FY 2006-08), the H-1B cap was reached on the very first day of filing.

    The FY 2015 H-1B cap demand will be high. After speaking with clients and other immigration attorney-friends, MU Law expects that the H-1B cap will move even quicker than last year. MU Law would not be surprised if the USCIS receives twice as many H-1B cap-subject petitions as there are slots available.

    If you are considering filing an H-1B cap-subject petition, MU Law urges you to begin that process now.

    Many healthcare professions ordinarily 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


    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 on Twitter.
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