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Chris Musillo on Nurse and Allied Health Immigration

FOREIGN AFFAIRS MANUAL UPDATED

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by Chris Musillo


The Department of State has updated their Foreign Affairs Manual (FAM) to reflect the fact that B1/B2 applicants ought to be given visas to come to the US to take the NPTE.MU encourages all B1/B2 applicants who had been denied B1/B2 visas for this reason to re-apply for a B1/B2 interview.


As we mentioned in our last MU update, all applicants will still need to prove non-immigrant intent, i.e. that the applicant maintains a non-US residency and intends to leave the US at the conclusion of their visit to the US. Failure to prove nonimmigrant intent remains a valid reason for the Consular/Embassy official to deny the B1/B2 application.


Updated FAM:


 


 


9 FAM 41.53 N4.1 General Licensure Requirement


for H Nonimmigrant


(CT:VISA-1635; 03-31-2011)


The requirements for classification as an H-1B nonimmigrant professional


may or may not include a license because States have different rules in this


area. If a State permits aliens to enter the United States as a visitor to take


a licensing exam, then USCIS will generally require a license before they will


approve the H-1B petition. However, some States do not permit aliens to


take licensing exams until they enter the United States in H-1B status and


obtain a social security number. Therefore, a visa should not be denied


based solely on the fact that the applicant does not already hold a license to


practice in the United States.


Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.

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Comments

  1. Gary's Avatar
    Its nice to hear that the manual was updated. Will you please ask the Dept. of State to mail the updated manual to Manila so that they can know about it. They are still denying visas based on NPTE. The manual does no good if it stays in Washington.
  2. Chris Musillo's Avatar
    @ Gary- My understanding is that the Manila Embassy specifically was given notice and that they have begun issuing the B1/B2 visas. Good luck!
  3. Gary's Avatar
    Chris,
    You are being misled. We had two PT's go for interviews yesterday who were denied.
  4. Chris Musillo's Avatar
    @ Gary- Were they turned away for immigrant intent reasons?
  5. Gary's Avatar
    Some were turned away for financial reasons, some were turned away as soon as they said they were coming to take the NPTE-i.
  6. Chris Musillo's Avatar
    @ Gary - For the ones that were turned away b/c of the NPTE-i, you may to try legalnet and also go directly to the DOS' Advisory Opinion office.
  7. Gary's Avatar
    Do you have the numbers on how many Filipinos applied to take the NPTE-i in May and how many were actually granted visas?
  8. Chris Musillo's Avatar
    @ Gary- I am nearly certain that the Consulate-visa number is unpublished.
  9. Gary's Avatar
    We had one PT go for an interview this week to take the NPTE-i in May. He is married with one child, earns 25000 to 28000 pesos a month, is the head PT in a hospital, teaches in college and has private patients. He was denied because he failed to show strong family/economic ties to the Philippines. He was told his income is too low. I don't think anyone can tell me with a straight face that was the real reason. We have other stories also. Something is not straight here.
  10. Gary's Avatar
    please look at the Hammond Law Blog. it confirms what I have written here.
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