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Chris Musillo on Nurse and Allied Health Immigration

H-1B Cap at 56,900

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The H-1B cap of 65,000 may be reached before the end of the year. Historically, H-1B cap-subject cap filings have increased as we have gotten closer to the H-1B cap limit. MU employers are encouraged to ready any H-1B cap-subject as soon as possible.

Employees that may need an H-1B visa 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; and
- Prospective international employees currently living abroad.

International workers who are working here 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 "transfer" cases and may be filed at any time throughout the year.

Many healthcare professions ordinarily qualify for H-1(b) status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing jobs.


As of November 20, 2009, approximately 56,900 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

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  1. nagamani's Avatar
    Dear Chris,

    Any news about the progress on the legislative front for pushing the Nursing bill.


  2. Chris Musillo's Avatar

    Hi Nagamani-

    No news at this point. The plan is to wait for Congress to consider CIR in 2010 and then try and fold in our bill into that larger bill. Rest assured as soon as I hear anything I will post it!
  3. Fred's Avatar
    Hello Chris,

    Now that both USCIS and NVC published their backlogged cases can you now make predictions on the future forward movements of cut-off dates for the upcoming Visa Bulletins?

  4. Chris Musillo's Avatar

    We're all in a holding pattern until after the healthcare bill is acted on. It should -- should -- go in December. The immigration bill is supposed to be next on the list. Fingers crossed.
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