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Chris Musillo on Nurse and Allied Health Immigration



    by , 10-10-2013 at 02:36 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

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

    The All Other Countries EB-3 date jumped about three months from July 2010 to October 1, 2010. The Chinese EB-2 and EB-3 dates each progressed several months.

    Unfortunately the Indian and Philippine EB-2 and EB-3 remained stuck exactly where they were for the October 2013 Visa Bulletin.

    Here is the chart:

    November 2013 Visa Bulletin
    All Other Countries

    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at or You can also visit us on Facebook and follow us on Twitter.

    Updated 10-10-2013 at 02:39 PM by CMusillo


    by , 10-09-2013 at 10:50 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    The issues described in this MU Visa Advisor are complex and very much driven by the facts of your case. Please do not hesitate to contact MU Law if you have any questions about these issues.

    The Federal Government Shutdown has caused the Department of Labor to furlough about 80% of its workforce. As a result the DOL’s iCert System, which is the manner through which LCAs are filed, has been turned off. It is impossible to file LCAs, leading to many questions from H-1B employers.

    Background: The LCA System

    The Labor Condition Application (LCA) is the centerpiece of the H-1B program. It serves two primary functions. First, it forces the H-1B employer to certify that the wage that it is offering to pay the H-1B worker is not lower than similar US workers. Second, the LCA includes a mandatory mechanism whereby H-1B employers must notify potential US workers of their right to contact the Department of Labor (DOL) if they believe that the H-1B employer is engaging in prohibited behavior.

    There are two ways that the LCA is utilized in the H-1B process. First, new H-1B petitions must be submitted with an LCA that has been certified by the DOL. Second, if an employee is going to change worksites, the employer must provide new Notice to the workers at this new worksite. In some instance, the H-1B employer must file a new LCA with the DOL and wait the seven days for the DOL to certify the new LCA. In other instances, the H-1B employer must not only obtain a new certified LCA but must also file a new H-1B.

    The Government Shutdown

    Unfortunately with the government shutdown the DOL has shuttered the LCA system. It is impossible to file LCAs. The DOL has not given the public any guidance on how to handle new H-1B petitions nor how to handle new situations where a new LCA is required.

    On account of the fact that LCAs cannot be filed, H-1B employees should not change worksites in instances where a new LCA would normally be required. This is the safest approach. Once the government shutdown ends, H-1B employers can file an LCA and the employee can move once the new LCA is certified and in place.

    On the bright side there are some instances when a new LCA is not required.

    1. When H-1B workers change worksites, but the new worksite is still within the prior LCA metropolitan area, a new LCA is not required. An H-1B employer must still post notice at the new worksite.

    2. The LCA rules allow H-1B employees to work at new worksites when the new worksite is peripatetic or very short-term. For example a new certified LCA is not required if an H-1B employee is attending meetings for a few days in a new location.

    If business needs demand that an H-1B must change worksites, then the H-1B employer must be aware that it may be technically violating law, although a legal argument could be made that compliance with the law was impossible on account of the shutdown. Penalties can range from $1,000 - $35,000 per violation. Debarment from the H-1B program could also occur. After considering these potential penalties, an H-1B employer still feels compelled to move the H-1B worker, we urge that H-1B employers take all three of these additional measures to mitigate risk:

    · Make sure to post LCA posting. Even though we would not be able to file an LCA, we would still be able to post Notice at the destination worksite. We can prepare the Notice Posting for you.
    · File an LCA at the conclusion of the shutdown.
    · File an amended H-1B at the conclusion of the shutdown and the certification of the new LCA.

    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at or You can also visit us on Facebook and follow us on Twitter.

    by , 10-03-2013 at 10:09 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Lost amid the federal government shutdown was the fact that the new fiscal year began on October 1. With that date thousands of H-1B workers began their H-1B status.

    Those who obtained H-1B visas via overseas US Consulates and Embassies were eligible to enter the US, generally after September 20. People in the US in other status -- e.g. F-1, Students; H-4, Derivative spouses -- had their nonimmigrant status change by operation of law on October 1.

    H-1B employers are reminded to update their Form I-9s to reflect these employees new H-1B nonimmigrant status. The USCIS increasingly is auditing companies I-9 files and issuing fines to the non-complaint. (Although one piece of good news from the shutdown: DOL investigations have been suspended.)

    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at or You can also visit us on Facebook and follow us on Twitter.

    by , 10-01-2013 at 04:07 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Congress’ failure to establish a budget for Fiscal Year 2014 (start date, October 1, 2013) has an impact on some areas of immigration. If you have any questions about how the government shutdown may impact your petitions, please contact Musillo Unkenholt.

    United States Citizenship and Immigration Services: USCIS operations continue despite the Federal Government shutdown, because fee-for-service activities performed by USCIS are not affected by a lapse in annual appropriated funding. H-1B, L-1, I-140, and I-485 petitions and applications are expected to continue processing with little impact as a result of the federal government’s shutdown.
    All USCIS offices worldwide are open for interviews and appointments as scheduled. E-Verify is an exception and is unavailable during the shutdown. For more information about how the shutdown is effecting E-Verify please visit

    Department of Labor: Most DOL functions that impact immigration will stop working as a result of the federal shutdown. The DOLwill neither accept nor process any applications or related materials (such as audit responses), it receives, including Labor Condition Applications, Applications for Prevailing Wage Determination, Applications for Temporary Employment Certification, or Applications for Permanent Employment Certification. The DOL’s web site, including the iCERT Visa Portal Systemand the PERM system, have become static and are unable to process any requests or allow authorized users to access their online accounts.

    Department of State: The Department will continue as many normal operations as possible; operating status and available funding will need to be monitored continuously and closely, and planning for a lapse in appropriations must be continued. Visa issuance will be available in consulates that have adequate funding to continue operating. Please contact our office to determine if the consulate you plan to attend will continue operating.

    Customs and Border Patrol: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border at this time.

    State Agencies: State agencies, such as driver’s licenses and professional licenses (e.g. Registered Nurse, Physical and Occupational Therapy licenses), are not impacted by the federal shutdown.

    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at or You can also visit us on Facebook and follow us on Twitter.

    Updated 10-03-2013 at 10:09 AM by CMusillo


    by , 09-26-2013 at 02:22 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    AILA has confirmed
    with the State Department that all of this fiscal year’s immigrant visas have been used. This is normal in September. The US Fiscal Year ends on September 30.

    USCIS will continue to process pending adjustment cases, and is able to submit visa number requests for all cases which are being finalized. The State Department will place requests in a “Pending Demand” file. Eligible cases which have been submitted to the State Department that are within the October cut-off dates will be automatically authorized effective October 1, 2013.

    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at or You can also visit us on Facebook and follow us on Twitter.
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