ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Greg Siskind on Immigration Law and Policy

USCIS BACKS DOWN ON CONTROVERSIAL TEACHING HOSPITALS H-1B CAP INTERPRETATION

Rating: 4 votes, 5.00 average.

USCIS is retreating from its recently changed policy challenging the affiliations of America's teaching hospitals with America's medical schools. For the 10+ years that non-profit institutions could claim H-1B cap exemptions if they had affiliations or were otherwise related to colleges or universities, hospitals that trained doctors in their residency and fellowship programs - programs that are usually run in close coordination with a medical school - have been able to work outside the normal H-1B caps. And that makes sense since we depend on these teaching hospitals to supply this country with our doctors. That's why Medicare actually underwrites the salaries paid to medical residents. Plus, we've got a massive shortage of doctors so subjecting teaching hospitals to H-1B caps works against resolving this crisis.


After complaints started quickly coming in from around the country, USCIS has apparently gotten the message and announced that while it works out a more formal policy position, it will revert back to previous policy. Here is the announcement:



U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.


Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education - absent any significant change in circumstances or clear error in the prior adjudication - and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education. 


Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006. 


USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.


Submit "USCIS BACKS DOWN ON CONTROVERSIAL TEACHING HOSPITALS H-1B CAP INTERPRETATION" to Facebook Submit "USCIS BACKS DOWN ON CONTROVERSIAL TEACHING HOSPITALS H-1B CAP INTERPRETATION" to Twitter Submit "USCIS BACKS DOWN ON CONTROVERSIAL TEACHING HOSPITALS H-1B CAP INTERPRETATION" to Google Submit "USCIS BACKS DOWN ON CONTROVERSIAL TEACHING HOSPITALS H-1B CAP INTERPRETATION" to StumbleUpon Submit "USCIS BACKS DOWN ON CONTROVERSIAL TEACHING HOSPITALS H-1B CAP INTERPRETATION" to Reddit Submit "USCIS BACKS DOWN ON CONTROVERSIAL TEACHING HOSPITALS H-1B CAP INTERPRETATION" to Digg Submit "USCIS BACKS DOWN ON CONTROVERSIAL TEACHING HOSPITALS H-1B CAP INTERPRETATION" to del.icio.us

Tags: None Add / Edit Tags

Comments

  1. George Chell's Avatar
    May be USCIS is afraid of getting sued by the relatives of seniors who may loose their lives as a result of the shortage of doctors! And no, giving Americans higher salaries is not an option at a time when we need to control the costs! Not add to our debt!
  2. Myrna's Avatar
    Doctors salaries are not the cause of rising healthcare cost. It is the cost of medications and robbery fees charged by insurance corporations that own the hospitals.
  3. Another Voice's Avatar
    We hear you Myrna haven't you heard the teachers in this country make too much money and cause all the deficits...corporations and insurance companies are LOVELY PEOPLE!!!
  4. Frank W.'s Avatar
    Ripley's believe it or not!

    Ariz. Senate rejects illegal immigration bills
    updated 31 minutes ago 2011-03-18T03:22:01
    http://www.msnbc.msn.com/id/42141129/ns/us_news/

    PHOENIX -- The Arizona Senate soundly defeated five bills aimed at illegal immigration on Thursday in a marked departure from last year, when enactment of a tough local enforcement measure put the state at the heart of a fierce national debate over the issue.

    Majority Republicans were split in their votes on the defeated bills, which included two measures intended to force a U.S. Supreme Court ruling against automatic citizenship for U.S.-born children of illegal immigrants. The other three dealt with health care, public services and everyday activities such as driving.

    With business leaders urging lawmakers to put the issue aside to avoid damaging the still-ailing economy, "it's time for us to take a timeout," said Republican Sen. John McComish of Phoenix. "It's something that the people don't want us to be focusing on."

    Critics also said the bills rejected Thursday were over-reaching and flawed.

    Supporters of the measures voiced frustration and said there could be political fallout for lawmakers who voted against them.

    "The lack of political courage" is the only impediment to step up pressure on illegal immigration, said Republican Sen. Russell Pearce, the sponsor of the 2010 law.

    The two bills on citizenship were defeated on votes of 12-18 and 11-19 as majority Republicans split on the issue. The chamber's nine Democrats voted against all of the bills.

    "I'm hopeful that now we can move on and focus on the business of the state," Democratic Minority Leader David Schapira of Tempe said after the three-hour floor session.

    One of the rejected bills would have required hospitals to contact federal immigration officials or local law enforcement if people being treated lack insurance and can't demonstrate legal status.

    Critics said that would burden hospitals, but Republican Sen. Steve Smith of Maricopa said his bill didn't require much.

    "Maybe you forgot it's illegal to be in this country illegally," he said during the vote on his bill. "We just ask them to report the crime, not be the judge and executioner."

    Also defeated was a bill to require schools to file reports on enrollments of illegal immigrant students.

    The fifth bill was a sweeping measure sponsored by Pearce. It would have made it a crime for illegal immigrants to drive in Arizona. It also had provisions on registering vehicles, workplace hiring and various public benefits.

    It would ban illegal immigrants from attending Arizona's public universities and community colleges. The state does not now have a ban but it does require illegal immigrants to pay higher, non-resident tuition rates.

    Pearce's bill also would have required eviction of public housing tenants who let illegal immigrants live with them and make applicants for vehicle titles and registration prove they are in the country legally.

    Pearce and other supporters said cracking down on illegal immigration would provide relief to taxpayers by cutting costs for education, health care and other services.

    The 2010 law known as SB1070 resulted in protests, boycotts and legal challenges. A federal judge has put key provisions on hold.

    Earlier Thursday, Gov. Jan Brewer said she didn't have positions on the bills and she declined to wave off legislators from taking up the issue of illegal immigration again.

    "I believe that illegal immigration is an important subject to the populace in Arizona and is something that probably needs to be further addressed," said Brewer, a Republican who signed SB1070 into law.

    Dozens of CEOs of major employers and business groups signed a letter distributed Wednesday by the Greater Phoenix Chamber of Commerce, saying that passage of additional legislation on illegal immigration would damage the economy and tourism.

    Arizona should instead push for federal action on immigration and border issues, according to the letter signed by heads of construction companies, hospitals, real estate developers and US Airways.

    "Arizona's lawmakers and citizens are right to be concerned about illegal immigration," the letter said. "But we must acknowledge that when Arizona goes it alone on this issue, unintended consequences inevitably occur."
  5. George Chell's Avatar
    May be they got the fear of the pagan God who in the next birth (if one believes in reincarnation) may make them a dark skinned Hispanic! That is the only reason I can think of right now!
  6. George Chell's Avatar
    May be Russell Pearce needs to employ Alexandra Wallace to lobby...or encourage her to move to AZ to challenge one of the Reps or Senators who voted against the legislation....

    http://www.thewrap.com/media/column-post/alexandra-wallace-ucla-very-own-gilbert-gottfried-25594#
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: