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Chris Musillo on Nurse and Allied Health Immigration

H-1B Thoughts

Rating: 3 votes, 3.67 average.

On May 15 the USCIS announced that it has received 45,500 H-1B petitions counting toward the Congressionally-mandated 65,000 cap; this is only 500 more than the April 27 figure. This implies that H-1B petitions continue to slow. It also implies that the idea that the H-1B is used to lower wages and replace US workers is wildly overblown. As I've previously said, if that was the case there shouldn't be any material drop in H-1B usage.

The Masters cap has received the full subscription of 20,000 petitions. USCIS continues to accept Masters cases since their experience is that not all accepted cases will be approvable. As students graduate from university in late May and June, it is expected that there will be an uptick in H-1B usage. The degree of the uptick is unknown at this point. If the uptick is smaller than expected, there is a chance that the H-1B cap could remain open all summer and maybe even into the fall. On the other hand, the economy does show some flares of stability and so H-1B usage by May/June graduates could be notable.

For the healthcare industry, the H-1B remains an option to fill employment gaps in occupational shortages. As a general rule if the position requires a Bachelors degree for licensure, then the position is appropriate for an H-1B visa. Of course, the proposed worker must hold the requisite degree.

Physical Therapists and Occupational Therapists remain viable for H-1B visas. Cases filed at the Vermont Service Center are being approved as they should be. However inconsistent results out of the California Service Center continue to frustrate employers.

USCIS Chief of Service Center Operations has recently confirmed that "USCIS does not currently have a policy that employers filing H-1b petitions for physical and occupational therapists must require the minimum of a Masters Degree for such positions to qualify as specialty occupations." This pronouncement was made in early May, and so it remains to be seen whether or not the California Service Center will adhere to the statement from their superiors in Washington D.C.

Some registered nursing positions are appropriate for H-1B visas as well. In broad strokes, the H-1B is appropriate for RN positions if either:

1. The hospital is offering the nurse a position as a Clinical nurse specialist (CNS), Certified registered nurse anesthetist (CRNA), Certified nurse-midwife (CNM), or a Certified nurse practitioner (APRN-certified) Critical care and she holds the certification;

2. The nurse will be working in an Administrative position ordinarily associated with a Bachelors degree, such as Charge Nurse or Nurse Manager;

3. The nurse will be working in one of these specialties: peri-operative, school health, occupational health, rehabilitation nursing, emergency room nursing, critical care, operating room, oncology and pediatrics.

The hospital must attest that these roles are only offered to those with Bachelors degrees.

-Chris Musillo

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  1. Brittancus's Avatar
    SOMETIME THIS YEAR--THE PEOPLE--will be fight against another Immigration reform package? AMNESTY! Don't listen to the politicians who state our borders are secure or that our fence has been completed. It's a sordid lie, rhetoric! We have a drug war going on, that's infiltrated our border cities and towns, even to the extent of extending into communities nationwide. Our country is under assault of illegal foreign nationals who are committing, murders, rapes, home invasion robberies, burglaries and an ongoing battle against drunk while driving foreigners, using their uninsured vehicles as killing machine. The drug dealers and mass illegal immigration is just part of our national problem?

    In Sanctuary cities and states such as California the very economy is under attack, because of the utter contempt of the Liberal Sacramento assembly for unceasingly giving of welfare benefits to illegal alien families. Schools cramped to the hilt, with the children of poor illegal immigrants. The Welfare lines that have been compromised by dishonesty and theft from true Americans. Prisons and jails deleted of funds. State budgets that are on the edge of financial disaster, because decades of political parties have pandered to the parasitic business world.

    We have our own workforce that can be trained for any kind of job, instead of importing more and more foreign nationals. The greed of corporate world is just manifest in America, to undermine the working conditions of US WORKERS. Citizens and legal residents already here should not have to compete with more imported labor, no matter what successful rung of industry. In the British Isles the working class is turning to (BNP) THE BRITISH NATION PARTY that will end forced immigration laws dictated to the indigenous English people. Read about the growing, all encompassing membership of ordinary people who are sick and tired of growing occupation of an infestation of Middle Easterners, Commonwealth people, Asylum seekers, refugees that are being catered to, while the real British people are being ignored.

    These foreigners are demanding their laws be enacted, including multiple wife's and Sharia law. It's disgusting and outrageous and the British parliament has used scare tactics, propaganda, as they are running scared knowing the Labor/Conservative and generic political parties may have seen their final days. Their Slogan says it all," British jobs for British Workers." Learn more at about this people's party that will remain undisclosed by the Liberal/Socialist media in the US.

    In Los Angeles the law has been circumvented to allow illegal alien criminals walk away free. Murders by gang bangers are rife in Los Angeles and San Francisco, where many illegal alien criminals still walk the streets, collecting fraudulent welfare using bogus documents. Another AMNESTY means--CHAIN MIGRATION--of poor uneducated, non-English speaking, sick, handicapped family members, that Federal mandates have imposed on US taxpayers. Another Amnesty means more foreign nationals will come bringing their unpalatable customs, contagious diseases and criminal element, all to cater for predatory businesses.

    Any politicians, who are in collusion and keep pushing for another AMNESTY, must be extracted from office. Sen. Harry Reid eviscerated E-Verify, along with Pelosi. Sen. Feinstein who reintroduced the AGJOB act. Liberal Sen. Cedilla who wants drivers licenses for law breakers. These lawmakers are just the tip of the corrupt lawmakers. Remove them all--BEFORE IT"S TO LATE. Or just keep on paying higher and higher taxes to support the millions of illegal immigrants. Read the truth at JUDICIALWATCH, NUMBERSUSA, and CAPSWEB.
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