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Chris Musillo on Nurse and Allied Health Immigration

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  1. FSBPT LAUNCHES PLAN FOR INTERSTATE LICENSE COMPACT

    by , 09-25-2014 at 10:31 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Federation of State Boards of Physical Therapy (FSBPT) is in the nascent stage of developing a Physical Therapy license compact. FSBPT’s aim is to reduce regulatory burdens by allowing cross-state practice for licensed Physical Therapists. The nursing profession has had a nursing compact since 2000. According to FSPBT, 24 states participate in the nursing compact.

    FSBPT’s Advisory Task Force has recommended a similar model to the nursing compact.
    The licensee participant must hold one valid, current, unrestricted license his or her primary state of residence, notify any remote states in which s/he will be practicing and pay a fee to the remote state.

    The final language is expected to be ready for review in mid-2015. If a state wishes to participate in the PT license compact, that state will need to pass the final language into law. This likely requires state legislative action.

    FSPBT has a series of articles and FAQs on their webpage.


    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 on Twitter.
  2. DELAYS AT THE NVC

    by , 09-22-2014 at 10:53 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The progression of priority dates in the recent few months has been exciting news for many, especially those EB-3 applicants who have been patiently waiting for their green cards for many years.

    Unfortunately the unexpected progression has swamped the National Visa Center. The NVC is now issuing letters indicating that NVC cases will be delayed for 60 days. Here is an excerpt from a stock form letter that our office has received in the last few days. We have received about a dozen of these letters.


    We are currently receiving an increased number of approved petitions from U.S. Citizenship and Immigration Services. As a result, we are experiencing increased review times for documents received.

    We expect it will be at least 60 days from the date we received your mail before we complete the review of your documents. We will notify you when we review your documents.

    We are working to reduce these processing times and we appreciate your patience.

    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. NVC FEE BILL REDUCTION

    by , 09-16-2014 at 09:10 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just reduced the price that it charges for an immigrant visa NVC Fee Bill. The new fee is $345, which is decrease of $60 from the old rate of $405. It is a steep reduction from a few years ago when the NVC Fee Bill charge was $720.

    The new, lower fee is effective September 12, 2014. Fees that will decrease are not refundable. If you paid a visa fee before September 12, 2014 and that fee decreased, the NVC will not issue a refund.

    Many other fees associated with the visa process changed on September 12. Some nonimmigrant visa fees increased. For fees that will increase (nonimmigrant fees only), Visa fees paid will be accepted 90 days after the new fees go into effect.


    • If you paid your visa fee before September 12, 2014, and your visa interview is on or before December 11, 2014, you do not have to pay the difference between the new and old fee amounts.
    • If you paid your visa fee before September 12, 2014, and your visa interview is on or after December 12, 2014, you will be required to pay the difference between the old and new fee amounts.


    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. VISA BULLETIN OCTOBER 2014

    by , 09-10-2014 at 02:33 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just released the October 2014 Visa Bulletin. This is the first Visa Bulletin of the 2015 US Fiscal Year, which begins October 1, 2014.

    The Philippines EB-3 has again had a substantial progression. It is now at October 2011, which is a four year jump in the last four months. It remains consistent with the All Other (ROW) EB-3 date.

    India EB-2 also remained at May 2009. India EB-3 unfortunately remains stuck in November 2003.

    The Chinese EB-3 number continued to move dramatically and inconsistently. It is now at April 2009.



    Employment- Based All Chargeability Areas Except Those Listed CHINA - mainland born INDIA MEXICO PHILIPPINES
    1st C C C C C
    2nd C 15NOV09 01MAY09 C C
    3rd 01OCT11 01APR09 15NOV03 01OCT11 01OCT11
    Other Workers 01OCT11 22JUL05 15NOV03 01OCT11 01OCT11
    4th C C C C C
    Certain Religious Workers C C C C C
    5th
    Targeted
    EmploymentAreas/
    Regional Centers
    and Pilot Programs
    C C C C C

    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.

    Updated 09-10-2014 at 04:22 PM by CMusillo

  5. AILA URGES USCIS TO CLARIFY AMBIGUOUS H-1B STANDARDS FOR NURSES

    by , 09-08-2014 at 10:31 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The USCIS issued a Memorandum in July 2014 aimed at clarifying their position on the adjudication of H-1Bs for Registered Nurses. The Memorandum failed at this aim. While it acknowledged that more and more employers are requiring Bachelor Degreed Registered Nurses, it failed to give any helpful guidance to USCIS officers.

    Now AILA hasweighed in on the discussion. In contrast to the USCIS, AILA makes several important points. Notably, AILA points out that the Occupational Outlook Handbook, “does not foreclose, but in fact lends credibility to the claim that an employer has such a requirement.” This is true because the OOH recognizes the evolving nature of the position.

    AILA also makes another clever factual argument.

    the O*Net database provides that 66% of employer respondents require an associate’s degree, while 23% require a minimum of a bachelor’s degree as an entry level credential for a registered nurse position. Therefore, 23% of employers should be able to demonstrate to the satisfaction of USCIS that a nurse is a specialty occupation.

    Adding to the problem, it appears that the link to the USCIS’ July Memorandum has disappeared. Fortunately, we have preserved a copy on our DocStoc page.

    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.
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