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Chris Musillo on Nurse and Allied Health Immigration

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  1. H-1A REGULATIONS FORMALLY RESCINDED

    by , 11-27-2013 at 09:26 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    File this blog entry under the category of “of no value to anyone but historians and regulatory completists”.

    The H-1A was a nurse-specific nonimmigrant visa category in the 1990s. Congress failed to extend the H-1A in 1997 and the last H-1A nurse visa expired in 2000. The H-1A law was formally repealed by Congress in 1999 in Sec. 2(c) of the Nursing Relief for Disadvantaged Areas Act of 1999, Public Law 106-095, 113 Stat. 1312, 1316.

    For reasons that must be clear to someone but are lost on me, the Department of Labor formally rescinded some of the underlying H-1A regulations on November 20, 2013. To give you an idea of how far the H-1A has fallen on everyone’s radar screen, the H-1A was not even considered in this June Comprehensive Immigration Reform bill.

    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. AILA ASKS FOR AOS DENIED FOR LACK OF A VISA SCREEN

    by , 11-20-2013 at 12:46 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    AILA TSC Liaison Committee is seeking examples of healthcare worker adjustment of status cases denied on the grounds that no visa screen was included at the time the adjustment was filed. Please send a brief description of the case along with a copy of the denial to reports@aila.org, with "Visa Screen Denial" in the subject line.

    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 11-27-2013 at 09:27 AM by CMusillo

  3. USCIS: IMMIGRATION RELIEF FOR SEVEN CATEGORIES OF FILIPINOS

    by , 11-18-2013 at 09:40 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The USCIS has announced that Filipino nationals who are impacted by Typhoon Haiyan may be eligible for certain immigration relief measures:

    1. Change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
    2. Extension of certain grants of parole made by USCIS;
    3. Extension of certain grants of advance parole, and expedited processing of advance parole requests;
    4. Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
    5. Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs);
    6. Expedited adjudication of employment authorization applications, where appropriate; and
    7. Assistance to LPRs stranded overseas without immigration or travel documents, such as Permanent Resident Cards (Green Cards). USCIS and the Department of State will coordinate on these matters when the LPR is stranded in a place that has no local USCIS office.

    Philippine nationals should note that these provisions do not grant any extra rights or paths to those in the Philippines who may have been harmed as a result of the Typhoon. These relief measures are limited to the seven situations described above.

    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 11-18-2013 at 09:43 AM by CMusillo

  4. TYPHOON HAIYAN RECOVERY DONATIONS

    by , 11-13-2013 at 08:59 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Typhoon Haiyan (Typhoon Yolanda in the Philippines) was devastating to the Philippines. Thousands are feared dead and countless others have been injured. By any measure Typhon Haiyan was one of the worst natural disasters in human history. If you would like to donate to help the victims of Typhoon Haiyan here are organizations that are helping. Please take a minute and consider donating.

    Doctors Without Borders: DWB’s work is based on the humanitarian principles of medical ethics and impartiality. The organization is committed to bringing quality medical care to people in crisis regardless of their race, religion, or political affiliation.

    Oxfam: Oxfam aid teams are on the ground in the Philippines and reporting urgent needs of food, clean water, medicine and shelter.

    Global Red Cross: The global Red Cross network is responding to emergency needs in the Philippines with food, water, and relief supplies, and the American Red Cross is lending people, expertise and equipment to this massive effort.

    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 11-13-2013 at 09:02 AM by CMusillo

  5. DECEMBER 2013 VISA BULLETIN

    by , 11-11-2013 at 08:30 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

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

    The All Other Countries EB-3 date jumped a full year to October 1, 2011. The Chinese EB-2 and EB-3 continued to be flipped: the Chinese EB-2 is worse than the Chinese EB-3. Chinese nationals who are BE-2 may be able to file an EB-3. Chinese EB-3s should check with their attorneys to effect this change.

    Unfortunately the Philippine EB-2 and EB-3 barely moved. Philippine EB-3 did get into 2007.

    India EB-3 actually retrogressed further back a few weeks. India EB-2 dropped all the way back to Nov 15, 2004.

    The Visa Bulletin contained these projections for the next few months:


    Visa Availability in the next coming months.

    Employment First: Current

    Employment Second
    :

    Worldwide: Current
    China: Three to five weeks
    India: No forward movement

    Employment Third
    :
    Worldwide: This cut-off date has been advanced extremely rapidly during the past seven months in an effort to generate new demand. As the rate of applicants who are able to have action on their cases finalized increases, it could have a significant impact on the cut-off date situation. The rapid forward movement of this cut-off date should not be expected to continue beyond February.

    China: Expected to remain at the worldwide date
    India: No forward movement
    Mexico: Expected to remain at the worldwide date
    Philippines: Three to six weeks


    Here is this month's complete chart:

    December 2013 Visa Bulletin
    All Other Countries China India Philippines
    EB-2 Current 08NOV08 15NOV04 Current
    EB-3 01OCT11 01OCT11 01SEP03 08JAN07



    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 11-11-2013 at 01:47 PM by CMusillo

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