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Chris Musillo on Nurse and Allied Health Immigration

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  1. H-1B CAP PREMIUM PETITIONS START PROCESSING NO LATER THAN APRIL 28

    by , 03-26-2014 at 12:42 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The USCIS has issued their annual H-1B Cap press release. The most notable news is that USCIS announced that it will start the processing of Premium Processing petitions no later than April 28, 2014. The press release also confirms that USCIS expects to receive in excess of the H-1B cap for both the masters and regular H-1B cap. All told, many more than the Congressional mandated cap of 85,000 H-1B petitions will be filed by employers and receipted by USCIS.


    A second notice marks the H-1B cap filing "tips". This page advises the public on filing addresses, the order of documents, LCAs, and other key elements of a properly-filed H-1B cap-subject petition.

    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. POEA WARNING ON BOGUS EMPLOYEE

    by , 03-21-2014 at 09:04 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Philippine Overseas Employment Administration (POEA) is the Philippine government's agency tasked with protecting Philippine workers rights when they travel to work outside the Philippines. The POEA also promotes the development of overseas workers. Employers who seek to recruit and hire Philippine workers must obtain a POEA licence before recruiting Philippine workers.

    The POEA has just issued a warning that a "Sandra M. Lim" has been representing herself as an Asst. Supervisor with the POEA. The POEA confirms that there is no POEA official or employee with that name.

    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. NURSE STAFFING AND MORTALITY RATES

    by , 03-18-2014 at 09:34 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Prof. Linda Aiken has long been a first-rate scholar on nurse staffing rates and their impact on patient safety and patient mortality. Prof. Aiken’s list of credits is a mile long, including her Registered Nursing degree.

    Once again, Prof. Aiken has found a critical link between nurse staffing and patient outcomes – this time in Europe. From her paper in The Lancet,

    An increase in a nurses' workload by one patient increased the likelihood of an inpatient dying within 30 days of admission by 7% (odds ratio 1·068, 95% CI 1·031—1·106), and every 10% increase in bachelor's degree nurses was associated with a decrease in this likelihood by 7% (0·929, 0·886—0·973). These associations imply that patients in hospitals in which 60% of nurses had bachelor's degrees and nurses cared for an average of six patients would have almost 30% lower mortality than patients in hospitals in which only 30% of nurses had bachelor's degrees and nurses cared for an average of eight patients.

    The Irish have picked up on the study. The Irish Examiner reports that the Irish Nurses and Midwives’ Organisation has asked the Irish Government to allow nurse recruitment. The INMO cites Prof. Aiken’s research in their demand.

    Will America follow suit? Hopefully. This research is not novel or groundbreaking. Here is a 2010 MU Law blog post, citing yet another study by Prof. Aiken.

    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. NURSE STAFFING AND MORTALITY RATES

    by , 03-18-2014 at 09:00 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Prof. Linda Aiken has long been a first-rate scholar on nurse staffing rates and their impact on patient safety and patient mortality. Prof. Aiken’s list of credits is a mile long, including her Registered Nursing degree.



    Once again, Prof. Aiken has found a critical link between nurse staffing and patient outcomes – this time in Europe. From her paper in The Lancet,



    An increase in a nurses' workload by one patient increased the likelihood of an inpatient dying within 30 days of admission by 7% (odds ratio 1·068, 95% CI 1·031—1·106), and every 10% increase in bachelor's degree nurses was associated with a decrease in this likelihood by 7% (0·929, 0·886—0·973). These associations imply that patients in hospitals in which 60% of nurses had bachelor's degrees and nurses cared for an average of six patients would have almost 30% lower mortality than patients in hospitals in which only 30% of nurses had bachelor's degrees and nurses cared for an average of eight patients.



    The Irish have picked up on the study. The Irish Examiner reports that the Irish Nurses and Midwives’ Organisation has asked the Irish Government to allow nurse recruitment. The INMO cites Prof. Aiken’s research in their demand.



    Will America follow suit? Hopefully. This research is not novel or groundbreaking. Here is a 2010 MU Law blog post, citing yet another study by Prof. Aiken.

    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. HISTORICAL H-1B USAGE

    by , 03-14-2014 at 09:35 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    This year’s H-1B filing date of April 1, 2014 is coming fast. MU Law predicts that the USCIS will see as many as twice as many H-1Bs as allowed under the H-1B quota (H-1B cap). 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 for the first time since April 2008 (US Fiscal Year 2009).

    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

    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 3, 2007
    H-1B 2008 (FY 2009) 85,000 April 7, 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 5, 2013

    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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