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Chris Musillo on Nurse and Allied Health Immigration

SENATE CIR OUTLINE RELEASED

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by Chris Musillo




An Outline of the Border Security, Economic Opportunity, and
Immigration Modernization Act of 2013, which is the Senate's "Gang of
Eight" bill, has been released.  MU Law has posted a copy of the
17-page Outline on our
Doc Stoc page
.





It is important to recognize
that this is just an Outline.  Several of the Outline's bullet points are
inconsistent and outright contradictory with other bullet points.  It is
also important to note that the bill is far from becoming law.  The Senate
will have hearings to amend the bill throughout April and May. 




If the bill passes the Senate
Judiciary Committee and the Senate as a whole, a separate Comprehensive
Immigration Reform bill will be announced in the House of
Representatives.  The House bill will also have to pass that chamber and
then be remedied with the Senate bill.  Only then will it be presented to
President Obama for signature.  The key take-away is that this bill is
still many steps from becoming law. 




Keeping in mind that the
final CIR may look different than this one, this MU Law Visa Advisor only highlights several
key items that will be of interest to our clients and friends.  Also,
although the 17-page Oultine includes sections on Border Protection and
Undocumented Worker Legalization we have not summarized these areas of the law
in this MU Law Visa Advisor
since they are of lesser interest to our clients and friends.  




Here is the brief MU Law
Summary of the Senate's CIR bill:




EMPLOYMENT-BASED
GREEN CARDS


-         
The Senate CIR bill calls for an immediate elimination of retrogression for currently-pending
green card applications.  If this provision is true as listed in the
Summary hundreds of thousands of long-delayed EB-2 and EB-3 applications would
be immediately eligible for Adjustment of Status, Immigrant Visa appointments,
and Green card issuance.  It is unclear how the USCIS and State Department
would handle this immense overload of applications.




-         
Going forward employment-based green card numbers would dramatically
increase.  Theoretically this could mean that future retrogression is
small.




EMPLOYMENT
VERIFICATION


-         
All employers will be required to use E-verify over a five-year phase in
period, which will include enhanced photographic measures.




H-1B / L-1 VISAS


-         
The H-1B visa cap will increase to 110,000, and can increase to 180,000 over
seven years.




-         
Spouses of H-1B visa holders will gain work eligibility.




-         
H-1B prevailing wage rules may be changing, mandating higher wages for H-1B
workers.  It is somewhat unclear in the Outline to what extent the
prevailing wage rules will change.




-         
Employers with more than 50 employees and who have 50% of their workforce who
(a) hold H-1B and/or L-1 and (b) who do not have a green card pending, must pay
an additional $10,000 in H-1B / L-1 filing fees.




-         
Employers with more than 50 employees and who have 30% of their workforce who
(a) hold H-1B and/or L-1 and (b) who do not have a green card pending, must pay
an additional $5,000 in H-1B / L-1 filing fees.




-         
By 2016 any employer who has more than 50% of its workforce on H-1B / L-1
status will be ineligible to petition for H-1B and/or L-1 visas.




-         
All employers who wish to hire an H-1B must advertise the position on a
government database for 30 days.


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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Comments

  1. William's Avatar
    Thank you for your posting as I have been waiting for the bill to be introduced. I am an international student graduated in US University soon to be a RN with F-1 visa. I am under OPT until Feb 2014. I have few questions regarding this issue.
    1. Does elimination of retrogression means that I can get a sponsor (green card) from a hospital if they hire me as soon as the bill passed by the senate and house and signed by the POTUS?
    2. If my wife is dream-act recipient, will I get benefit from there?
    3. When is the expected time for the CIR?
  2. Rajani's Avatar
    Hi Chris, Majority of Indian RNs like me are having a priority date between 2006-2008. If the bill is passed and enacted into law, will we able to get the visa by end 2013 or before June 2014. Kind regards and thanks for your yesterday's posting.
  3. Chris Musillo's Avatar
    Hi Rajani,

    Thanks for the kind words. Unfortunately, it is too early to start speculating when any case will be scheduled for the final green card interview. There are still many steps to happen.
  4. Chris Musillo's Avatar
    @ William, If there is true elimination of retrogression, then you can quickly come to the US. But I expect there to be massive delays in setting up Consular appointments. We expect that CIR (if it passes) will happen in the late summer.
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