Musillo Unkenholt Law | Healthcare Immigration Blog

March 18, 2014
Uncategorized

NURSE STAFFING AND MORTALITY RATES

Prof. Linda Aiken has long beena first-rate scholar on nurse staffing rates and their impact on patient safetyand patient mortality. Prof. Aiken’slist of credits is a mile long, including her Registered Nursing degree.

Once again, Prof. Aiken has found acritical link between nurse staffing and patient outcomes – this time inEurope. From her paper in TheLancet,

Anincrease in a nurses’ workload by one patient increased the likelihood of aninpatient dying within 30 days of admission by 7% (odds ratio 1·068, 95% CI1·031—1·106), and every 10% increase in bachelor’s degree nurses was associatedwith a decrease in this likelihood by 7% (0·929, 0·886—0·973). These associationsimply that patients in hospitals in which 60% of nurses had bachelor’s degreesand nurses cared for an average of six patients would have almost 30% lowermortality than patients in hospitals in which only 30% of nurses had bachelor’sdegrees and nurses cared for an average of eight patients.

The Irish have picked up on thestudy. The Irish Examiner reports that the Irish Nurses and Midwives’Organisation has asked the Irish Government to allow nurse recruitment. The INMOcites Prof. Aiken’s research in their demand.

Will Americafollow suit? Hopefully. This research is not novel orgroundbreaking. Here is a 2010 MU Law blogpost, citing yet another study by Prof. Aiken.

March 14, 2014
Uncategorized

HISTORICAL H-1B USAGE

This year’s H-1Bfiling date of April 1, 2014 is coming fast. MU Law predicts that the USCIS will see as many as twice as many H-1Bsas allowed under the H-1B quota (H-1B cap). When the USCIS receives more H-1B petitions than slots available itholds an “H-1B lottery”. Last year, the USCISheld an H-1B lottery for the first time since April 2008 (US Fiscal Year 2009).

If you areconsidering filing an H-1B cap-subject petition, MU Law urges you to begin thatprocess now.

Many healthcareprofessions ordinarily qualify for H-1B status, including Physical Therapists,OccupationalTherapists, SpeechLanguage Therapists, and some Registered Nursing positions.

Internationalworkers who are working in the U.S. on an H-1B visa with another cap-subjectemployer are not subject to H-1B cap. These cases are commonly referred to as“H-1B transfer” cases and may be filed at any time throughout the year.

Employees thatneed a “cap-subject” H-1B include:

* Internationalstudents working on an EAD card under an OPT or CPT programafter having attended a U.S. school

* Internationalemployees working on a TN may need an H-1B filed for them in order for them topursue a permanent residency (green card) case

* Prospectiveinternational employees in another visa status e.g. H-4, L-2, J-1, F-1

* H-1B workerswith a cap exempt organization

* Prospectiveinternational employees currently living abroad

Past H-1B Demand:

Year:	H-1B Cap Numbers:	Date H-1B Cap Reached:
H-1B 2003 (FY 2004)	65,000	October 1, 2003
H-1B 2004 (FY 2005)	65,000	October 1, 2004
H-1B 2005 (FY 2006)	85,000	August 10, 2005
H-1B 2006 (FY 2007)	85,000	May 26, 2006
H-1B 2007 (FY 2008)	85,000	April 3, 2007
H-1B 2008 (FY 2009)	85,000	April 7, 2008
H-1B 2009 (FY 2010)	85,000	December 21, 2009
H-1B 2010 (FY 2011)	85,000	January 25, 2011
H-1B 2011 (FY 2012)	85,000	November 22, 2011
H-1B 2012 (FY 2013)	85,000	June 11, 2012
H-1B 2013 (FY 2014)	85,000	April 5, 2013

March 9, 2014
Uncategorized

APRIL 2014 VISA BULLETIN

The Department of State has just released the March 2014 Visa Bulletin. This is the sixth Visa Bulletin of the 2014 US Fiscal Year, which began on October 1, 2013.

The biggest news is that the Philippine EB-3 number has surged ahead to November 2007, a promotion of almost six months. Other than that the Visa Bulletin dates remained approximately where they were in the April 2014 Visa Bulletin.

The Chinese EB-2 and EB-3 continued to be flipped: the Chinese EB-2 is worse than the Chinese EB-3. Chinese nationals who are EB-2 may be able to file an EB-3. Chinese EB-3s should check with their attorneys to effect this change.The Chinese EB-3 mirrors the All Other EB-3.

Employment- Based	All Chargeability Areas Except Those Listed	China – mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15APR09	15NOV04	C	C
3rd	01OCT12	01OCT12	01OCT03	01OCT12	01NOV07

March 6, 2014
Uncategorized

US ADDS CHILE TO VISA WAIVER PROGRAM

Effective May 1, 2014, the country of Chile joins 37 other countries who are part of the US’ Visa Waiver program. Chilean passport holders with bothan approved Electronic System for Travel Authorization (ESTA) and an e-passportwill be able to visit the United States without nonimmigrant visitor visas. Chilean nationals will no longer have toapply for a B1/B2 visa.

Chile is one of the most-preferredcounties in US immigration. Not only isChile now the first Latin American country to qualify for the Visa Waiverprogram, it is only one of five countries who may avoid the onerous H-1B cap byfiling a Trade Visa.

The five Trade Visa Countries are:Canada (TN), Mexico (TN, Australia (E-3), Singapore (H-1B1), and Chile (H-1B1).

March 3, 2014
Uncategorized

USCIS SEEKS INFO ON H-1s FOR RNs

USCIS is asking the public for helpon the issue of H-1B visas for Registered Nurses. In particular the USCIS seeks assistance thequestions at the end of this blog posting.

The USCIS will not takecase-specific questions or questions on allied healthcare workers. The question period is through March 7, 2014.

• What current trends anddevelopments in the employment of nurses should USCIS be aware of? For example,have there been recent changes to the minimum educational, experience, trainingand/or other requirements for entry into certain specific nursing occupations?

• What new or updated USCIS guidanceis needed for H-1B nonimmigrant and Schedule A-based immigrant visa petitionsfor nurses? Are there any recommended changes or updates to the November27, 2002, USCIS Policy Memorandum on H-1B petitions for nurses, includingthe list of advanced practice nursing occupations?

• Are there any concerns regardinghow USCIS has applied applicable law or policy in adjudicating H-1Bnonimmigrant and Schedule A-based immigrant visa petitions for nurses?

• Where is the greatest need foreither permanent and/or temporary nurses?

• How are hospitals and medicaloffices utilizing staffing companies? When a staffing company places a nursewith a hospital and/or a medical office, which entity retains control over thenurse’s employment and what are indicators for that?

February 25, 2014
Uncategorized

MEXICAN TNs NO LONGER NEED USCIS APPROVAL

TraditionallyMexican nationals have had to get pre-clearance from the domestic USCIS priorto applying for their Mexican TN visa. This has added cost and time to the TN process. Recently however the US streamlined the processfor Mexican TN workers. MexicanTN workers can now directly apply at the US Embassy or Consulate for theirvisa.

The Mexican nationalshould now complete the electronic DS-160 as the first step and include a detailedUS Employment Letter. The letter should includethe legal analysis confirming that the offered position is one of the NAFTA occupationslisted on NAFTAChapter 16, Annex 1603, Appendix 1603.d.1.

MU Law advises that the Employment letter includes:

Job Title
Qualifying profession in which the applicantwill be engaging (from the NAFTA Professional Job Series List)
Detailed description of proposed employment
Location of proposed employment
Full or Part-time (specify no. of hours perweek)
Proposed wages per hour/week
Justification for employee with applicant’sprofession and duration of proposed employment (explain justification)
Type of licensure required for proposed employment (note: compliance enforcement is the responsibility of local or state authorityand lack of licensure is not a basis for visa refusal)

Here is the list ofqualified Healthcare Occupations:

Job title	Qualification
Dentist	D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license
Dietitian	Baccalaureate or Licenciatura Degree; or state/provincial license
Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) ⁶	Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Nutritionist	Baccalaureate or Licenciatura Degree
Occupational Therapist	Baccalaureate or Licenciatura Degree; or state/provincial license
Pharmacist	Baccalaureate or Licenciatura Degree; or state/provincial license
Physician (teaching or research only)	M.D. or Doctor en Medicina; or state/provincial license
Physiotherapist/Physical Therapist	Baccalaureate or Licenciatura Degree; or state/provincial license
Psychologist	State/provincial license; or Licenciatura Degree
Recreational Therapist	Baccalaureate or Licenciatura Degree
Registered Nurse	State/provincial license; or Licenciatura Degree

February 21, 2014
Uncategorized

THE TIME TO PREPARE YOUR H-1B IS NOW

The Fiscal Year 2015 (FY2015) H-1Bcap season will begin on April 1, 2014. Last year (FY2014), the H-1B cap wasreached on Day One (April 5, 2013 – the USCIS allows any H-1B petition receivedduring the first week to be counted as a Day One filing).

From 2009-11, the H-1B cap remainedopened for at least one-half the year. For the prior three fiscal years (FY 2006-08),the H-1B cap was reached on the very first day of filing.

The FY 2015 H-1B cap demand will behigh. After speaking with clients and other immigration attorney-friends, MULaw expects that the H-1B cap will move even quicker than last year. MU Law would not be surprised if the USCISreceives twice as many H-1B cap-subject petitions as there are slots available.

If you are considering filing anH-1B cap-subject petition, MU Law urges you to begin that process now.

Many healthcare professionsordinarily qualify for H-1B status, including Physical Therapists,OccupationalTherapists, SpeechLanguage Therapists, and some Registered Nursing positions.

International workers who areworking in the U.S. on an H-1B visa with another cap-subject employer are notsubject to H-1B cap. These cases are commonly referred to as “H-1B transfer”cases and may be filed at any time throughout the year.

Employees that need a”cap-subject” H-1B include:

* International students working onan EAD card under an OPT or CPT program after havingattended a U.S. school

* International employees working ona TN may need an H-1B filed for them in order for them to pursue a permanentresidency (green card) case

* Prospective internationalemployees in another visa status e.g. H-4, L-2, J-1, F-1

* H-1B workers with a cap exemptorganization

* Prospective internationalemployees currently living abroad

February 18, 2014
Uncategorized

2013 NCLEX EXAM WEBINAR SERIES

The 2013 NCLEX ExamWebinar Series has just beenpublished by NCBSN. The Seriesincludes four modules: NCLEX Test Plan,Scope of Practice, Practice Analysisand Knowledge, Skills and Abilities, NCLEX Item Writing and Item Review,and NCLEX Sensitivity and DifferentialItem Functioning Review. Each moduleis hyperlinked.

The NCLEX Text Planwebinar provides an overview of the NCLEX Test Plan and the various versions ofthe Test Plan. The Scope of Practice,NCLEX Practice Analysis and Knowledge, Skills and Abilities webinar describesthe beginning principles in the development of the NCLEX examination. The Item Writing and Item review Webinar overviewsthe item development process and the processes of item writing and item reviewused to ensure the validity, reliability and legal defensibility of the NCLEXexam. The NCLEX Sensitivity andDifferential Item Functioning Review describes the purpose of the processes andthe procedures involved with reviewing items for DIF and Sensitivity issues.

February 14, 2014
Uncategorized

DID YOU MOVE AGAIN!?!

Project to project, location to location, client toclient. Many of our clients regularlyrelocate as their jobs demand. Areminder that whenever you change your home address, we ask that you contactour office so we can update our records. Most immigration forms require that we list your home address and wewant to make sure that we have your correct address.

In addition to updating our law firm, you’ll need to reporta change of address to the USCIS within 10days of moving. You can update youraddress with the USCIS by filing a form AR-11 in hard copy or online. Please note that if you have an applicationcurrently pending with the USCIS you must update your address online to ensurethe new address is assigned to your pending application.

You can obtain the change of address form fromthe attorney or paralegal handling your case or on the USCIS website. Complete the information requested on theform, including present address, last address (most recent only), A number orregistration (I-94) number, country of citizenship, date of birth, and yoursignature. You do not need to includetemporary addresses as long as you maintain your present address as yourpermanent residence and continue to receive mail there.

Whenfiling an AR-11 either online or in hard copy you should always keep a copy ofthe confirmation page and/or the form itself for your records.

February 10, 2014
Uncategorized

MARCH 2014 VISA BULLETIN

The Department of State has just released the February 2014 Visa Bulletin. This is the fifth Visa Bulletin of the 2014 US Fiscal Year, which began on October 1, 2013.

The All Other Countries EB-3 date jumped about 6 months. It has now moved an incredible 25 months in the last 90 days!

The Philippine EB-3 numbers also progressed nicely, advancing about 3 months. This is the largest EB-3 jump in some time.

The Chinese EB-2 and EB-3 continued to be flipped: the Chinese EB-2 is worse than the Chinese EB-3. Chinese nationals who are BE-2 may be able to file an EB-3. Chinese EB-3s should check with their attorneys to effect this change.The Chinese EB-3 mirrors the All Other EB-3.

Unfortunately India EB-2 and India EB-3 remained basically stuck at the same dates from the December 2013 Visa Bulletin. India EB-3 moved one week.

The full chart is at the end of the post.

The Visa Bulletin also included some predictions on future progression:

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: This cut-off date has been advanced over four and one half years since last spring in an effort to generate new demand. After such a rapid advance of a cut-off date applicant demand for number use, particularly for adjustment of status cases, can be expected to increase significantly. Once such demand begins to materialize at a greater rate it could have a significant impact on this cut-off date situation. Little, if any forward movement of this cut-off date is likely during the next few months.

China: Will remain at the worldwide date

India: Little if any movement

Mexico: Will remain at the worldwide date

Philippines: Three to six weeks

March 2014 Visa Bulletin
	All Other Countries	China	India	Philippines
EB-2	Current	15FEB09	15NOV04	Current
EB-3	01SEP12	01SEP12	15SEP03	01MAY07

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