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AILA URGES USCIS TO CLARIFY AMBIGUOUS H-1B STANDARDS FOR NURSES

The USCISissued a Memorandum in July 2014 aimed at clarifying their position on the adjudicationof H-1Bs for Registered Nurses.  The Memorandumfailed at this aim.  While it acknowledgedthat more and more employers are requiring Bachelor Degreed Registered Nurses, itfailed to give any helpful guidance to USCIS officers. 
Now AILA hasweighed in on the discussion.  Incontrast to the USCIS, AILA makes several important points.  Notably, AILA points out that the OccupationalOutlook Handbook, “does not foreclose, but in fact lends credibility to theclaim that an employer has such a requirement.” This is true because the OOH recognizes the evolving nature of theposition.
AILA also makesanother clever factual argument. 

the O*Net database provides that 66% of employer respondentsrequire an associate’s degree, while 23% require a minimum of a bachelor’sdegree as an entry level credential for a registered nurse position. Therefore,23% of employers should be able to demonstrate to the satisfaction of USCISthat a nurse is a specialty occupation.
Adding to the problem,it appears that the link to the USCIS’ July Memorandum has disappeared.  Fortunately, we have preserved acopy on our DocStoc page.

US PT SHORTAGE IS GROWING

The Physical Therapyjob market has long been predicted to be an area ripe for US laborshortages.  The 2014 Occupational OutlookHandbook projectsthat employment of Physical Therapists is expected to grow by 36 percentthrough 2022, which is “mush faster than the average for all occupations.”

The ConferenceBoard’s new study FromNot Enough Jobs to Not Enough Workers now reports that aging populationswill cause even greater shortages than originally predicted in three targeted industries.  In a surprise to no one, healthcare is one ofthese three targeted industries. 


Health-relatedoccupations. The same aging of the U.S. population that will curtailworking-age population growth to as low as 0.15 percent by 2030 is also drivingup demand for medical workers. At the same time, high education and experiencerequirements limit entry into the job market. The result is a dearth in manyhealthcare professions, including occupational therapy assistants, physicaltherapists and therapist assistants, nurse practitioners and midwives, anddental hygienists. Among doctors, optometrists and podiatrists are thespecialists most at risk of shortage, with the general physicians and surgeonscategory not far behind.
The study has beencited in the WallStreet Journal, BloombergBusinessweek, and PTin Motion.

MU LAW FREE CLIENT CONFERENCE CALL

Musillo Unkenholtwill hold a free teleconference on Wednesday September 17, 2014 at 3PM ET / 12noon PT.  All clients and friends of thefirm are encouraged to dial-in to the call. If you would like to register for the call, please send an email to:Annalisa@muimmigration.com.
The agenda for theteleconference includes:
* H-1B onboardingstarts Oct 1: What do employers need to do to stay compliant?
* When does my H-1Bworker have to start working?  The 30/60day rule.
* When do I have tostart paying an H-1B worker’s salary?
* Form I-9compliance
* E-Verifycompliance
* Managing SocialSecurity number issues.
* HandlingProfessional licensure issues.
* Working with theConsulate for H-1B Visa Issuance.
* H-1B cap 2014final numbers and projections for 2015.
* What Congress andPres. Obama are expected to do in 2014 in employment-based immigration.
Please contact yourMU immigration attorney if you have any questions about this MU Visa Advisor orany other immigration issue.

BLOOMBERG NEWS ON THE NEW USCIS NURSE H-1B MEMO

Bloomberg News BNAhas published a detailed analysis of several recent H-1B visa developments, includingthe newUSCIS Nurse H-1B Memorandum.  Severalattorneys, including MU Law’s ChrisMusillo, were interviewed for the article. Bloomberg has allowed MU Law to publish a copy of the article.
The article discussesincreasing H-1B denial rates in spite of the fact that no new H-1B regulationshave been published by USCIS in years.  Onereason for the increasing denial rates have been stricter USCIS interpretationsof “specialty occupation,” based on faulty reliance of the Department of Labor’sOccupational Outlook Handbook
Chris’ comments highlightthe USCIS over-reliance on the OccupationalOutlook Handbook when adjudicating H-1Bs for Registered Nurses.  Chris points out that while most nursingpositions do not require Bachelor Degrees, some do.  Since some require a Bachelor’s degree theUSCIS ought to look at an employer’s actual positional requirement instead oflimiting review to the industry standards listed in the Occupational Outlook Handbook.
The Bloomberg articlealso discusses some recent court decisions and USCIS interpretations in light ofthese decisions.  

NOTE – the Bloomberg article is reproduced with permission from Daily Labor Report, Copyright 2014 by The Bureau of National Affairs, Inc. (800-372-1033)  <http://www.bna.com>

Bloomberg H-1B Article.pdf

VISA PROJECTIONS FOR THE REST OF 2014

AILA has recentlydialoged with the Department of State’s Charlie Oppenheim, who is the DOS’chief for producing the Visa Bulletin.  MULaw has spoken with Mr. Oppenheim several times in the past and have alwaysfound that his projections are well thought out and very accurate.

Here are hisprojections based on his recent conversation with AILA:
  • The Philippine EB-3 date should continue to beconsistent with the Worldwide (Rest of World) date for at least the next fewmonths.  Usage of Philippine EB-1 andEB-2 numbers has decreased, leaving more numbers for Philippine EB-3. 
  • India EB-2 numbers should continue to befavorable, although large jumps forward should not be expected.  The current priority date for Indian EB-2 isMay 2009.  Adjustment of Statusapplicants should be prepared to get RFEs for medical exams if their prioritydate is at or near that date.  Adjustmentof Status applicants should be prepared to get RFEs for medical exams if theirpriority date is at or near that date.  

HOW TO GET PROOF OF SOCIAL SECURITY NUMBER

One constantchallenge for immigration foreign nationals is obtaining a Social Security Numberonce they have entered the US.  Traditionally,the Social Security Administration (SSA) made Social Security Number cards availablevia in-person visits immediately or almost immediately after one entered theUS.  Effective August 1, 2014, however, the SSA will no longer provide SocialSecurity Number card printouts.  It will now take up to two weeks before the SSNs are issued.
The SSA, says thatthe an applicant can get an instant letter online with a personal my Social Security account, or theymay continue to call the SSA toll-free to request a letter by mail.  The phone number is: 1-800-772-1213 (TTY1-800-325-0778).

SEPTEMBER 2014 VISA BULLETIN: GREAT NEWS FOR THE PHILIPPINES

The Department of State has just released the September 2014 Visa Bulletin. This is the twelfth and final Visa Bulletin of the 2014 US Fiscal Year, which began on October 1, 2013. The October 2014 Visa Bulletin will begin the 2015 Fiscal Year.

The Philippines EB-3 jumped again. It is now at April 2011, which is a four year jump in the last four months.

India EB-2 also moved forward steadily. It progressed to May 2009.


The Chinese EB-3 number remained at November 2008. 



The All Other EB-3 held steady as well. It remains at April 2011. As we predicted last month, it did not progress.

Employment- Based
All Other
CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08OCT09 01MAY09 C C
3rd 01APR11 01NOV08 08NOV03 01APR11 01APR11
Other Workers 01APR11 22JUL05 08NOV03 01APR11 01APR11

TALK WITH THE NEW USCIS CHIEF

New USCIS ChiefLeon Rodriguez was nominated for the job shortly after Alejandro Mayorkas acceptedthe positon of Deputy Secretary of the USCIS. Director Rodriguez was sworn into the role on July9, 2014.  Mr. Mayorkas’ tenure asDirector was marked by greater engagement with the public than hispredecessors.  Mr. Mayorkas regularlyattended AILA functions and routinely held “town hall” style meetings with thepublic. 

Mr. Rodriguez seemspoised to continue in this manner.  USCISwill be holding a stakeholder teleconference on Thursday, Aug. 14, from 1:30 to2:30 p.m. ET, with USCIS Director Léon Rodríguez.

During theteleconference, Director Rodríguez will introduce himself to the USCISstakeholder community and answer questions.  Teleconference registration details are expectedshortly. 

WHY RECRUIT AN INTERNATIONAL HEALTHCARE PROFESSIONAL?

According to a 2012“UnitedStates Registered Nurse Workforce Report Card and Shortage Forecast,”published in the American Journal of Medical Quality, 

“With an aging U.S.population, health care demand is growing at an unprecedented pace . . . Thenumber of states receiving a grade of “D” or “F” for their RN shortage ratiowill increase from 5 in 2009 to 30 by 2030, for a total national deficit of918,232 RN jobs. There will be significant RN workforce shortages throughoutthe country in 2030; thewestern region will have the largest shortage ratio of 389 RN jobs per100,000.”

The situation is nobetter in other allied healthcare occupations. According to the Department of Labor’s Occupational Outlook Handbook by2022, employment of Physical Therapists is expected to skyrocket by 36percent.  The same is true ofOccupational Therapists (29 percent), Pharmacists (14 percent), and SpeechLanguage Pathologists (19 percent). 
Contrary to somepublic perception, International Healthcare Professionals are notundereducated.  Prior to issuance of avisa, the International Healthcare Professional’s education, training, pastlicenses, and experience must be verified and proved that it is authentic andcomparable to an American healthcare worker of the same type.  InternationalHealthcare Professionals must pass English fluency exams prior to visaissuance.

InternationalHealthcare Professionals are also not underpaid.  Because of strict USCIS and DOL wage requirements,International Healthcare Professionals must be paid the greater of prevailingand actual wages.  InternationalHealthcare Professionals cannot have their hours reduced.  The employer must pay the guaranteed minimumhours unless the International Healthcare Professional is unavailable for workbecause of non-work related factors, such as the worker’s own voluntary requestfor time off, or in other circumstances where the worker is unable to work.

The PERM laborcertification process guarantees that there are no US workers ready, willing,and able of performing the position before any International HealthcareProfessional is granted an immigrant visa.  Employers cannot makeInternational Healthcare Professionals sign onerous contracts, including those containpenalty clauses.
Recent studies arepointing to the high quality of care provided by International HealthcareProfessionals and the added value that they bring to the US healthcare industry.  Patricia Cortes, Assistant Professor,Markets, Public Policy and Law, Boston University, authored a 2012 study, RelativeQuality Of Foreign Nurses In The United States
She found that,

“foreign nurses, in particular Filipinos, tendto work in more demanding settings and maintain less desirable schedules – theyare more likely to work in hospitals, work full-time, and do shift work, ascompared to their native counterparts.

Natives are more likely to work part-timeand choose jobs with standard schedules – for example, they tend to work in physicians’offices and schools, etc. In terms of educational background, the majority offoreign nurses have at least a bachelor’s degree, whereas a larger fraction ofnatives have an associate degree. A more educated nurse workforce (as measuredby the share of nurses in a hospital holding a bachelor’s degree) has beenassociated with better patient outcomes and higher nurse productivity.”

MU LAW’S OFFICE CLOSING EARLY ON JULY 30

Musillo UnkenholtLLC turned five years old on July 1, 2014! It would have been impossible to have our five years of success withoutthe hard-effort and talent of our Legal team. In celebration of our fifth birthday and in recognition of everyone’shard work, we will closing the office at 12 noon (ET) on Wednesday July30.  We are having a group outing at theCincinnati Reds baseball game.  If youcontact us during the afternoon of July 30, rest assured that we will promptlyreturn your call or email on Thursday.
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