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Chris Musillo on Nurse and Allied Health Immigration

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  1. USCIS SEEKS INFO ON H-1s FOR RNs

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

    USCIS is asking the public for help on the issue of H-1B visas for Registered Nurses. In particular the USCIS seeks assistance the questions at the end of this blog posting.

    The USCIS will not take case-specific questions or questions on allied healthcare workers. The question period is through March 7, 2014.


    • What current trends and developments in the employment of nurses should USCIS be aware of? For example, have there been recent changes to the minimum educational, experience, training and/or other requirements for entry into certain specific nursing occupations?

    • What new or updated USCIS guidance is needed for H-1B nonimmigrant and Schedule A-based immigrant visa petitions for nurses? Are there any recommended changes or updates to the November 27, 2002, USCIS Policy Memorandum on H-1B petitions for nurses, including the list of advanced practice nursing occupations?

    • Are there any concerns regarding how USCIS has applied applicable law or policy in adjudicating H-1B nonimmigrant and Schedule A-based immigrant visa petitions for nurses?

    • Where is the greatest need for either permanent and/or temporary nurses?

    • How are hospitals and medical offices utilizing staffing companies? When a staffing company places a nurse with a hospital and/or a medical office, which entity retains control over the nurse’s employment and what are indicators for that?

    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. MEXICAN TNs NO LONGER NEED USCIS APPROVAL

    by , 02-25-2014 at 11:23 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Traditionally Mexican nationals have had to get pre-clearance from the domestic USCIS prior to applying for their Mexican TN visa. This has added cost and time to the TN process. Recently however the US streamlined the process for Mexican TN workers. Mexican TN workers can now directly apply (http://travel.state.gov/content/visa...ent/nafta.html) at the US Embassy or Consulate for their visa.

    The Mexican national should now complete the electronic DS-160 as the first step and include a detailed US Employment Letter. The letter should include the legal analysis confirming that the offered position is one of the NAFTA occupations listed on NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1 (https://www.nafta-sec-alena.org/Defa...-US#Ap1603.D.1).

    MU Law advises that the Employment letter includes:


    • Job Title
    • Qualifying profession in which the applicant will be engaging (from the NAFTA Professional Job Series List)
    • Detailed description of proposed employment
    • Location of proposed employment
    • Full or Part-time (specify no. of hours per week)
    • Proposed wages per hour/week
    • Justification for employee with applicant’s profession and duration of proposed employment (explain justification)
    • Type of licensure required for proposed employment (note: compliance enforcement is the responsibility of local or state authority and lack of licensure is not a basis for visa refusal)



    Here is the list of qualified Healthcare Occupations:

    Job title Qualification
    Dentist D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license
    Dietitian Baccalaureate or Licenciatura Degree; or state/provincial license
    Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) 6 Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
    Nutritionist Baccalaureate or Licenciatura Degree
    Occupational Therapist Baccalaureate or Licenciatura Degree; or state/provincial license
    Pharmacist Baccalaureate or Licenciatura Degree; or state/provincial license
    Physician (teaching or research only) M.D. or Doctor en Medicina; or state/provincial license
    Physiotherapist/Physical Therapist Baccalaureate or Licenciatura Degree; or state/provincial license
    Psychologist State/provincial license; or Licenciatura Degree
    Recreational Therapist Baccalaureate or Licenciatura Degree
    Registered Nurse State/provincial license; or Licenciatura Degree

    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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  3. THE TIME TO PREPARE YOUR H-1B IS NOW

    by , 02-21-2014 at 09:02 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Fiscal Year 2015 (FY2015) H-1B cap season will begin on April 1, 2014. Last year (FY2014), the H-1B cap was reached on Day One (April 5, 2013 – the USCIS allows any H-1B petition received during the first week to be counted as a Day One filing).

    From 2009-11, the H-1B cap remained opened for at least one-half the year. For the prior three fiscal years (FY 2006-08), the H-1B cap was reached on the very first day of filing.

    The FY 2015 H-1B cap demand will be high. After speaking with clients and other immigration attorney-friends, MU Law expects that the H-1B cap will move even quicker than last year. MU Law would not be surprised if the USCIS receives twice as many H-1B cap-subject petitions as there are slots available.

    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


    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. 2013 NCLEX EXAMINATIONS WEBINAR SERIES

    by , 02-18-2014 at 10:19 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The 2013 NCLEX Exam Webinar Series has just been published by NCBSN. The Series includes four modules: NCLEX Test Plan, Scope of Practice, Practice Analysis and Knowledge, Skills and Abilities, NCLEX Item Writing and Item Review, and NCLEX Sensitivity and Differential Item Functioning Review. Each module is hyperlinked.

    The NCLEX Text Plan webinar provides an overview of the NCLEX Test Plan and the various versions of the Test Plan. The Scope of Practice, NCLEX Practice Analysis and Knowledge, Skills and Abilities webinar describes the beginning principles in the development of the NCLEX examination. The Item Writing and Item review Webinar overviews the item development process and the processes of item writing and item review used to ensure the validity, reliability and legal defensibility of the NCLEX exam. The NCLEX Sensitivity and Differential Item Functioning Review describes the purpose of the processes and the procedures involved with reviewing items for DIF and Sensitivity issues.

    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. DID YOU MOVE AGAIN!?!

    by , 02-14-2014 at 09:01 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    Project to project, location to location, client to client. Many of our clients regularly relocate as their jobs demand.A reminder that whenever you change your home address, we ask that you contact our office so we can update our records.Most immigration forms require that we list your home address and we want to make sure that we have your correct address.

    In addition to updating our law firm, you’ll need to report a change of address to the USCIS within 10 days of moving. You can update your address with the USCIS by filing a form AR-11 in hard copy or online. Please note that if you have an application currently pending with the USCIS you must update your address online to ensure the new address is assigned to your pending application.

    You can obtain the change of address form from the attorney or paralegal handling your case or on the USCIS website. Complete the information requested on the form, including present address, last address (most recent only), A number or registration (I-94) number, country of citizenship, date of birth, and your signature. You do not need to include temporary addresses as long as you maintain your present address as your permanent residence and continue to receive mail there.

    When filing an AR-11 either online or in hard copy you should always keep a copy of the confirmation page and/or the form itself for your records.

    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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