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Chris Musillo on Nurse and Allied Health Immigration

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  1. JULY 2014 VISA BULLETIN

    by , 06-10-2014 at 10:23 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

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


    The Philippines EB-3 jumped again. It is now into 2009, which is a two year jump in the last two months.

    India EB-2 also dramatically moved forward. It progressed four years to September 2008.

    The Chinese EB-3 number stayed back at October 2006.

    The All Other EB-3 held steady as well. It remains at April 2011. Our sense is that it will not progress until the next US fiscal year.


    Employment- Based
    All Chargeability Areas Except Those Listed
    China - mainland born
    INDIA
    MEXICO
    PHILIPPINES
    1st
    C
    C
    C
    C
    C
    2nd
    C
    01JUL09
    01SEP08
    C
    C
    3rd
    01APR11
    01OCT06
    01NOV03
    01APR11
    01JAN09


    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 EXTENDS CW-1 PROGRAM THROUGH 2019

    by , 06-04-2014 at 09:51 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Since 2008, the US has sought to harmonize the immigration laws of the Commonwealth of the Northern Mariana Islands (CNMI) with the mainland US. Part of this initiative was the establishment of a CNMI-Only Transitional Worker (CW-1) visa classification allows employers in the CNMI to apply for temporary permission to employ nonimmigrant workers who are otherwise ineligible to work under other nonimmigrant worker categories. The CW-1 classification provides a method for transition from the former CNMI foreign worker permit system to the U.S. immigration system. The law also provides a CW-2 for dependents of CW-1 visa entrants.

    On June 3, 2014, the US Department of Labor announced that it was extending this program through December 31, 2014. The CW-1 program had been set to expire at the end of this year.

    Philippine nationals make up a large number of the CW-1 visas that are granted. The US Embassy – Manila has a webpage dedicated to explaining the CW-1 process.

    The largest island in the CNMI is Saipan, where 90% of the CNMI population resides. For this reason many people use the “Saipan” to mean “CNMI”.


    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. MAKING THE PAYMENT FOR THE PRODUCTION OF YOUR GREEN CARD

    by , 05-28-2014 at 11:17 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    US Green cards are either approved domestically through the I-485, Adjustment of Status process, or approved abroad through the Consular process. When the approval is made at the Consulate, the immigrant must make a final payment of $165 to the USCIS before they will start the production of the green card.

    The $165 USCIS Immigrant Visa fee is for the cost of producing the green card. This payment must be made through the USCIS ELIS (Electronic Immigrant System) on-line payment system.

    MU Law encourages you to make this payment after you receive the immigrant visa packet from the US Consulate or Embassy, before you come to the US. Until this payment is made the USCIS will not start production on your green card.

    At the time of your interview at the U.S. embassy or consulate, the DOS interviewing officer should give you a USCIS Immigrant Fee handout. This document provides instructions on how to pay the $165 immigrant fee and included your A-Number and DOS Case ID. Your A-Number and DOS Case ID are located in the top right corner.

    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. OPTIONS FOR FOREIGN STUDENTS ON OPT

    by , 05-20-2014 at 11:51 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    One of the largest blocks of applications for the H-1B cap is foreign students who are currently working on OPT (optional practical training). Students who are authorized to work on OPT will hold an employment authorization document (EAD) or card. The validity dates of the student’s work authorization under OPT will be printed on the face of the card.

    Students with work authorization under OPT whose H-1B has been chosen under the cap are eligible for cap-gap work authorization. The student should present the H-1B receipt notice to his/her international student office. The school will issue a new I-20 to the student extending his/her work authorization to October 1 when the H-1B will take effect.

    If the student’s H-1B has not been chosen under the cap, the student must stop working on the end date of his/her OPT authorization. The student then has the following options:

    1. If the employer participates in e-verify and the student’s degree is in a STEM (science, technology, engineering, and mathematics) field, the student may qualify for an extension of their OPT.
    2. The student can change to a different immigration status, such as H4 or L2.
    3. The student can return to school to seek a new degree. The student should contact his/her school to have his/her SEVIS record updated or transferred to a new school.
    4. The student can depart the US and return to his/her home country.

    At the end of the OPT period, the student has a sixty day grace period during which the student is not authorized to work but is authorized to remain in the US to conclude his/her affairs and pursue one of the options above.

    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
  5. H-4 EAD RULE IS ELIGIBLE FOR COMMENT

    by , 05-14-2014 at 02:53 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of Homeland Security has formally proposed the H-4 EAD rule. The rule, if passed as drafted, will allow H-4 spouses of H-1B holders to obtain EAD employment authorization. Several major news publications, including Bloomberg BNA, have picked up on the news. MU Law attorney Chris Musillo was interviewed for the Bloomberg article.

    NOTE – the Bloomberg article is reproduced with permission from Daily Labor Report, 87 DLRA-3 (May 6, 2014). Copyright 2014 by The Bureau of National Affairs, Inc. (800-372-1033)

    DHS estimates that this rule will allow about 100,000 H-4 spouses to obtain work authorization, representing a tiny proportion of the overall workforce (0.0647%), and that figure assumes that every single possible H-4 spouse immediately files for the work authorization.

    On the other hand the enactment of the regulation will provide tangible benefits for the H-4 spouses who will be able to enter the labor market earlier than they would have otherwise been able to due to lack of visa availability. The DHS continues,

    While there would be obvious financial benefits to the H-4 spouse and the H-1B nonimmigrant's family, there is also evidence that participating in the U.S. workforce and making gains in socio-economic attainment has a high correlation with smoothing an immigrant's integration into American culture and communities.

    The comment period will remain open until July 11, 2014. After that the DHS must review the comments and issue a final published law.

    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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