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VISA BULLETIN PROJECTIONS FOR THE NEXT FEW MONTHS

AILAhas again recently dialoged with the Department of State’s CharlieOppenheim, who is the DOS’ chief for producing the Visa Bulletin.  MU Law has spoken with Mr. Oppenheim severaltimes in the past and have always found that his projections are well thoughtout and very accurate.

Here are hisprojections based on his recent conversation with AILA:

EB-2 India
The November2014 Visa Bulletin retrogressed India EB-2 to February 2005, which was 4years worse than the October2014 Visa Bulletin.  Unfortunately,the India EB-2 date is expected to stay in 2005 for the foreseeable future.

EB-3 India
This category shouldsee continued slow movement of about one or two weeks for every Visa Bulletin.

EB-3 Philippines
The EB-3Philippine’s date is expected to remain the same as the Worldwide EB-3 date forthe next several months.  These dateswill remain the same unless the demand for the Philippines EB-3 spikes infuture months.

EB-2 China
This categoryshould progress three to five weeks for every monthly Visa Bulletin.

EB-3 China
EB-3 China shouldsee rapid promotion of dates in the forthcoming months.

FCCPT PILOTING EXPEDITED SERVICE

The ForeignCredentialing Commission on Physical Therapy is launching a pilot program,offering expeditedcompletion of reviews.  The ExpeditedService program guarantees completion within six weeks.  The reviews have traditionally taken eightweeks.  An Expedited Service can berequested at any time prior to the start of a review and up to two weeks afterthe start of the review.

NOVEMBER 2014 VISA BULLETIN

The Department of State has just released the November 2014 Visa Bulletin.  This is the second Visa Bulletin of the 2015 US Fiscal Year, which began October 1, 2014.  
The Philippines EB-3 yet has again had a substantial progression.  It is now at June 2012, which is a five year jump since March 2014.  It remains consistent with the All Other (ROW) EB-3 date.
India EB-2 had a dramatic retrogression, moving from May 2009 all the way back to February 2005.  India EB-3 remains stuck in November 2003.
The Chinese EB-3 number continued to move dramatically and inconsistently.  It is now at January 2010 and is more favorable than China EB-3.

The Visa Bulletin also included this projection:

EMPLOYMENT-based categories (potential monthly movement)
Employment First: Current
Employment Second: 
Worldwide: Current
China:        Three to five weeks
India:         No forward movement
Employment Third:
Worldwide: Continued rapid forward movement for the next several months. After such rapid advance of the cut-off date applicant demand for number use, particularly for adjustment of status cases, is expected to increase significantly. Once such demand begins to materialize at a greater rate it will impact this cut-off date situation. 
China:       Rapid forward movement. Such movement is likely to result in increased demand which may require “corrective” action possibly as early as February.
India:        Little if any movement
Mexico:      Will remain at the worldwide date
Philippines: Will remain at the worldwide date. Increased demand may require “corrective” action at some point later in the fiscal year. 
Employment- Based
All Other
 CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08DEC09 15FEB05 C C
3rd 01JUN12 01JAN10 22NOV03 01JUN12 01JUN12

FSBPT ELIMINATING DISTINCTION BETWEEN GENERAL EDUCATION AND PROFESSIONAL EDUCATION

Starting November 1, 2014, the Federationof State Boards of Physical Therapy (FSBPT) will eliminate the distinctionbetween General Education and Professional Education.  This is a modification of the InterpretiveGuidelines for the FSBPT Coursework Tool (CWT).
The Coursework Tool accepted by allmember boards to evaluate whether a foreign educated PT or PTA’s education issubstantially equivalent to a US PT or PTA education.
FSBPT’s Board issued a comprehensivenotice letting the public know that the Board “did not approve this changelightly”.  The Board explained that theelimination of the distinction had been considered for several years and hadbeen recommended by the FSBPT’s Foreign Educated Standards Committee.  Notably, within US education and within thecriteria developed by the Commissionon Accreditation in Physical Therapy Education (CAPTE), there is no suchterm as general education.  The newpolicy does not to eliminate the required courses within General Education, butit does eliminate the artificial distinction between Professional Education andGeneral Education.
For foreign-educated PTs, this changecould be helpful.  Presently the CWTrequires 150 total credits, which is comparable to what is needed for a USpost-graduate degree.  In manyinternational PT programs these general courses are embedded into the PTprofessional courses, not completed ahead of entry. The current model would notallow the evaluator to give credit as a general course since it was taken aspart of their professional coursework.
Previously, some foreign-educated PTseducation was found to be incomparable to a US-educated because of thedistinction between Professional Education and General Education.  This resulted in some foreign-educated PTshaving to take “make-up” classes, usually from CLEP. As the Board correctly points out, “to ask an applicant to complete aprerequisite after completing professional curriculum seems counterintuitive,and sets up an unreasonable barrier to licensure.”  

AILA AUDIO CLE ON NURSES AND ALLIED HEALTH

The AILA EducationDepartment has scheduled an audio seminar for Thursday,October 9, 2014 @ 2:00 pm (Eastern Time) entitled “Petitions for Nurses andAllied Healthcare Workers.”  MU Law’s ChrisMusillo is the Moderator of this audio seminar.  Chris’ co-speakers are with Tiffany Baldwinand CarlShusterman.

The audio seminarwill include these topics:
  • H-1B for Nurses:2002 and 2014 USCIS Memorandum
  • Using Schedule Afor Nurses and Physical Therapists
  • EB-2 Considerationfor Healthcare Worker
  • USCIS Reliance onthe EDGE Database in Evaluation of Foreign Education
  • The Role of State Licensing and Credentialing in H-1B and PERM Cases
  • Drafting ImmigrantVisa Applications for Roving Healthcare Workers
  • Visa Screen: WhoNeeds It and Why?
The panel has reserved30 minutes for Questions and Answers at the conclusion of the presentation.

MASSACHUSETTS PUTS OUT THE WELCOME MAT FOR H-1B WORKERS

The State of Massachusettshas hit upon an ingenious plan to widen the path for H-1B workers and employers,asreported by CNN/Money.  By using theH-1B “concurrent” employer program and coupling it with the H-1B “cap exemption”for Universities, Massachusetts will help foreign entrepreneurs obtain H-1Bvisas to work in Massachusetts.
The plan appears towork like this: the MassachusettsTechnology Collaborative will vet prospective H-1B entrepreneurs.  When an innovative entrepreneur isidentified, the Collaborative will find a Massachusetts University to sponsorthe H-1B worker under the “cap exemption” rule. This rule says that an H-1B worker who is sponsored by a University isnot subject to the H-1Blottery. 
Because there is noset required number of hours that the H-1B worker must be employed at theUniversity, the expectation is that the H-1B worker will only work 8-10 hoursper week at the University. 
Presumably, the H-1B start-up will then sponsor the H-1B worker for a “concurrent” H-1B visa.  The H-1B employee will spend the rest of thework-week employed by the start-up. 
Without theassistance of the University, the plan would not work because the start-up’sH-1B sponsorship would normally be subject to the H-1B lottery.  The plan is an elegant and creative one todeal with an outdated H-1B cap.

There is no reason that Massachusetts has to limit this plan to entrepreneurs.  It could also be used to help fill critically short healthcare occupations.

FSBPT LAUNCHES PLAN FOR INTERSTATE LICENSE COMPACT

The Federation ofState Boards of Physical Therapy (FSBPT) is in the nascent stage of developinga Physical Therapy license compact.  FSBPT’saim is to reduce regulatory burdens by allowing cross-state practice for licensedPhysical Therapists.  The nursingprofession has had a nursing compact since 2000.  According to FSPBT, 24states participate in the nursing compact.
FSBPT’s AdvisoryTask Force hasrecommended a similar model to the nursing compact. 
The licenseeparticipant must hold one valid, current, unrestricted license his or herprimary state of residence, notify any remote states in which s/he will bepracticing and pay a fee to the remote state.

The final language isexpected to be ready for review in mid-2015. If a state wishes to participate in the PT license compact, that statewill need to pass the final language into law. This likely requires state legislative action.
FSPBT has a seriesof articlesand FAQson their webpage.

DELAYS AT THE NVC

The progression of priority datesin the recent few months has been exciting news for many, especially those EB-3applicants who have been patiently waiting for their green cards for manyyears. 
Unfortunately the unexpected progressionhas swamped the National Visa Center. The NVC is now issuing letters indicating that NVC cases will be delayedfor 60 days.  Here is an excerpt from astock form letter that our office has received in the last few days.  We have received about a dozen of theseletters.
Weare currently receiving an increased number of approved petitions from U.S.Citizenship and Immigration Services. As a result, we are experiencingincreased review times for documents received.
Weexpect it will be at least 60 days from the date we received your mail beforewe complete the review of your documents. We will notify you when we reviewyour documents.
Weare working to reduce these processing times and we appreciate your patience.

NVC FEE BILL REDUCTION

The Department ofState has just reduced the price that it charges for an immigrant visa NVC FeeBill.  The new fee is $345, which is decreaseof $60 from the old rate of $405.  It isa steep reduction from a few years ago when the NVC Fee Bill charge was $720. 

The new, lower feeis effective September 12, 2014.  Feesthat will decrease are not refundable.  Ifyou paid a visa fee before September 12, 2014 and that fee decreased, the NVCwill not issue a refund.

Many other fees associatedwith the visa process changed on September 12. Some nonimmigrant visa fees increased. For fees that will increase (nonimmigrant fees only), Visa fees paidwill be accepted 90 days after the new fees go into effect.

  • If you paid yourvisa fee before September 12, 2014, and your visa interview is on or beforeDecember 11, 2014, you do not have to pay the difference between the new andold fee amounts.
  • If you paid yourvisa fee before September 12, 2014, and your visa interview is on or afterDecember 12, 2014, you will be required to pay the difference between the oldand new fee amounts.

VISA BULLETIN OCTOBER 2014

The Department ofState has just released the October 2014Visa Bulletin.  This is the firstVisa Bulletin of the 2015 US Fiscal Year, which begins October 1, 2014.
The PhilippinesEB-3 has again had a substantial progression. It is now at October 2011, which is a four year jump in the last fourmonths.  It remains consistent with theAll Other (ROW) EB-3 date.
India EB-2 alsoremained at May 2009.  India EB-3 unfortunatelyremains stuck in November 2003.
The Chinese EB-3number continued to move dramatically and inconsistently.  It is now at April 2009.

Employment- Based
All Other
CHINA – mainland born
INDIA
MEXICO
PHILIPPINES
1st
C
C
C
C
C
2nd
C
15NOV09
01MAY09
C
C
3rd
01OCT11
01APR09
15NOV03
01OCT11
01OCT11
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About Us

Musillo Unkenholt LLC is a full-service immigration law firm headquartered in Cincinnati, Ohio, serving clients throughout the United States and the world.

Our attorneys have vast experience in an array of immigration processes.

Contact

302 West Third Street, Suite 710
Cincinnati, OH 45202

Phone: 513.381.VISA (8472)

info@muimmigration.com

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