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Chris Musillo on Nurse and Allied Health Immigration

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  1. 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 Ė 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.
  2. JUNE 2014 VISA BULLETIN

    by , 05-07-2014 at 04:54 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

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


    The Philippines EB-3 continued to move steadily. It is now into 2008.

    The Chinese EB-2 and EB-3 are no longer inverted. The Chinese EB-3 moved all the way back to October 2006. It remains to be seen if the Chinese EB-2 and EB-3 swap places again in the next US fiscal year, which starts October 1, 2014.

    The All Other EB-3 moved back as well. It is now April 2011. Our sense is that it will not progress until the next US fiscal year.

    The Indian numbers basically remained the same.

    Employment- Based All Chargeability Areas Except Those Listed China - mainland born INDIA MEXICO PHILIPPINES
    1st C C C C C
    2nd C 22MAY09 15NOV04 C C
    3rd 01APR11 01OCT06 15OCT03 01APR11 01JAN08
    Other Workers 01APR11 01JAN03 15OCT03 01APR11 01JAN08

    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. MANY H-4s NOW ALLOWED TO GET EADs

    by , 05-06-2014 at 02:34 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    As expected the Department of Homeland Security has just issued a press release announcing that some H-4 nonimmigrants will be allowed to apply for EAD (Employment Authorization Documents) cards. H-4 nonimmigrants are spouses of H-1B workers. The EAD cards will allow H-4 spouses to work in any occupation. This is a major change that has been considered for several years.

    In order to qualify for the EAD card the principal H-1B worker must have either:

    1. An approved I-140; or

    2. A PERM Application (Labor Certification) that has been pending for at least one year.

    This proposed rule will help many H-4 spouses who are prohibited from working because of retrogression. At a press conference this morning, the DHS indicated that 97,000 H-4 spouses would be immediately eligible for the EAD. It is an enormous step in the right direction and DHS and Deputy Secretary Alejandro Mayorkas deserves praise for their effort to produce a meaningful, well-thought out rule aimed at treating fairly the people who are playing by the rules.

    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. FOREIGN NATIONALíS TRAVEL HISTORY NOW ON-LINE

    by , 05-01-2014 at 02:41 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The U.S. Customs and Border Protection (CBP) discontinued paper I-94 cards in May 2013, replacing them with an electronic I-94 record, which is accessible through www.cbp.gov/I94.

    Now the CBP is rolling out the latest enhancement of that service: a five year historic record off a foreign nationalís arrival and departure history. Foreign nationals will need their name, date of birth, and passport information, in order to access their travel history. The database is solely for entries and exits from the U.S. It does not identify changes of status, extensions of stay, or adjustments of status granted by U.S. Citizenship and Immigration Services.

    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. VISA BULLETIN PREDICTIONS FOR SUMMER 2014

    by , 04-28-2014 at 05:42 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Every few months Charlie Oppenheim of the Department of State discusses predictions for future Visa Bulletins. 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 for a recent conversation with AILA:


    • India EB-2: before the end of the summer India EB-2 will be into 2008.
    • Worldwide EB-2: no major changes.
    • Worldwide EB-3, including Philippines: as happens every summer, EB-3 may retrogress and even become unavailable until the new fiscal year that starts October 1, 2014.
    • China EB-3: demand has been steady since the China EB-2 and China EB-3 dates flip-flopped. China EB-3 may retrogress his summer.
    • National Visa Center: the NVC is now sending out Fee Bills 8-12 months in advance of the expected priority date becoming current. Previously, the NVC had been sending out the Fee Bills 12-18 months in advance.


    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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