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REMINDER: H-1B TELECONFERENCE FEB 12

In anticipation of the H-1B cap filing date of April 1, 2014, MU Law will be holding a free teleconference for our clients on February 12, 2014 at 2PM / 11AM PT.  Interested clients should email MU’s Lauren Gramke, who can register you for the teleconference.


Last year the H-1B cap was reached in the first week; we expect that the demand will be greater this year.  It is imperative that all H-1B cap-subject Petitions are filled on April 1, 2014 in order to insure that the H-1B Petition qualifies under this year’s H-1B cap.

H-1B cap-subject petitions 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

* Prospective international employees currently living abroad

In addition to the H-1B cap discussion, MU lawyers will also provide an employment-based immigration legislation update.


PRES. OBAMA FAILS TO PRESS ON IMMIGRATION . . . AND MAYBE THAT IS THE RIGHT MOVE

Last night, as expected, PresidentObama signaled theend of S.744 and the beginning of a new version of ComprehensiveImmigration Reform in his State of the Union address.  Lessthan 2 percent of the President’s lengthy speech was about immigration reform.  While some pro-immigration forces may seethis as a bad thing, there are others who think that this is the correctapproach in the complex game of politics.
The President and the Senate learnedlast year that nothing can get done without Republican-led House approval.  Rep. John Boehner (R-OH) hastaken some quiet steps signaling that he may be serious about immigrationreform, including the hiring of BeckyTallent in December 2013.  Ms.Tallent is a long-time advisor to Sen. John McCain (R-AZ) who has repeatedlymade reform the United States’ immigration laws a priority.
By not aggressively pushingimmigration reform in the State of the Union, the President is allowing Rep.Boehner the breathing room to line up House Republicans on the issue.  The Republicans are not interested in handingthe President a political win.  They willonly allow an immigration bill to move if they can get the press to report thatan immigration bill is Republican driven. That would never have happened if the President had demanded that Congressput a bill on his desk.
The odds are still long.  Immigration reform is tough.  But the President’s lack of discussion on theissue in last night’s address is yet another move in a long game.

MU VISA ADVISOR: H-1B TELECONFERENCE FEB 12

In anticipation of the H-1B cap filing date of April 1, 2014, MU Law will be holding a free teleconference for our clients on February 12, 2014 at 2PM / 11AM PT.  Interested clients should email MU’s Lauren Gramke, who can register you for the teleconference.

Last year the H-1B cap was reached in the first week; we expect that the demand will be greater this year.  It is imperative that all H-1B cap-subject Petitions are filled on April 1, 2014 in order to insure that the H-1B Petition qualifies under this year’s H-1B cap.

H-1B cap-subject petitions 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

* Prospective international employees currently living abroad

In addition to the H-1B cap discussion, MU lawyers will also provide an employment-based immigration legislation update.

THE DEATH OF S.744

The internetis abuzz with reportsthat John Boehner and the House Republicans are in the process of drafting their“principles of immigration reform.”  Adocument that purports to outline the GOP’s position on all facets of the immigrationdebate: border security, legalization of the undocumented, modernization of quotasand caps, enforcement, and employment verification. 
The release of the “principles” isthe eulogy for lastsummer’s Senate Comprehensive Immigration Reform bill, Senate Bill744.  That bill was the result ofbrokering by Senate leadership from both Republicans and Democrats.  Despite the bipartisan nature of the bill itnever was seriously considered by the House – mainly because conservative andtea party House members thought that S.744 was too lenient on punishment forthe undocumented.  The Senate Bill calledfor a minimum of 13 years before citizenship. 
Conservative Republicans other problemwith S.77 was they wanted a secure southern border before any materiallegalization program.  It seems thatfully securing the 2,000 southern border is an impossibility without a massiveexpenditure.

House Maj. Leader Boehner (R-OH) isexpected to release the “principles of immigration reform” in advance of thePresident’s January 28, 2014 State of the Union address.  These two issues – security on the southernborder and legalization — are the key ones to look for in the Republicans “principlesof immigration reform” release.  If theGOP really wants immigration reform in 2014 these two issues will be raised ina way that allows for a compromise with Democrats.  On the other hand if the “principles of immigrationreform” contains unrealistic security aims and onerous legalization pathways,then prospects of immigration reform in 2014 will suffer the same fate asS.744.

2014 NPTE EXAM DATES

With the New Yearupon us, MU Law reminds readers to schedule their 2014 Physical Therapy NPTEexams.  
Keep in mind thatthe FSBPT uses a fixed-date testing process.  The FSBPT approach isdifferent than other healthcare occupation’s examination processes,which allows for rolling testing dates. FSBPT believes that their fixed-datetesting system provides the most secure exam for their industry.
Be sure to registerwell in advance in order to insure that your seat is reserved.

Test Date
Registration Payment Deadline
Jurisdiction Approval Deadline
Seats are reserved for PT candidates until:
Scores Reported to Jurisdictions
January 29, 2014
December 23, 2013
Jan. 2, 2014
January 15, 2014
February 5, 2014
April 30, 2014
March 26, 2014
April 2, 2014
April 16, 2014
May 7, 2014
July 22&23, 2014
June 17, 2014
June 24, 2014
July 8, 2014
July 30, 2014
October 29, 2014
Sept. 24, 2014
Oct. 1, 2014
Oct. 15, 2014
Nov. 5, 2014

FEBRUARY 2014 VISA BULLETIN

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

The All Other Countries EB-3 date jumped yet again.  It has now moved almost two years in the last few Visa Bulletins.   

The Chinese EB-2 and EB-3 continued to be flipped: the Chinese EB-2 is worse than the Chinese EB-3, which means that Chinese EB-3s are processing faster than Chinese EB-2s.  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.

Unfortunately India EB-2 and India EB-3 remained stuck.  India EB-2 and EB-3 have not moved in several months.

The Philippine EB-3 did advance another 8 weeks.  This is the second notable movement for Philippine EB-3 in the last two Visa Bulletins.

Here is this month’s complete chart:

February 2014 Visa Bulletin 
All Other Countries
China
India
Mexico
Philippines
EB-2
Current
 08JAN09
15NOV04
Current
Current
EB-3
01JUN12
 01JUN12
01SEP03
01JUN12
15APR07

USCIS TELECONFERENCE CENTERING ON H-1B AND SCHEDULE A FOR NURSES

The USCIS hasannounced a free teleconference to provide feedback on H-1B nonimmigrantworkers and Schedule A immigrant workers, specifically nurses.
The teleconference is designed to allow a newly assembled team of USCISgovernment immigration experts to explore how it can “enhance clarity and consistency in health care adjudications, focusing on thenursing industry.” 
The team of USCIS government immigration experts is modeled on the USCIS’ Entrepreneursin Residence program.  The EIRprogram brought together private sector entrepreneurs together with USCISimmigration experts with the goal of producing clear policies that are consistentwith business realities.

To register the session, visit USCIS’ registrationpage.

CAN JOHN BOEHNER LEAD ON IMMIGRATION IN 2014?

The best chance for Comprehensive Immigration Reform in manyyears was squandered in 2013.  Anexciting spring led to a successfulbipartisan Senate Bill 744 in June. That bill was never seriously considered by the House.  Tea Party Republicans effectively heldcontrol of the Republican Party’s majority power and refused to allow CIR tocome to a vote in spite of Majority Leader John Boehner (R-OH) interest in animmigration bill.

The Tea Party wing may have overplayed its hand in October’sbudget battle that shut down the federal government.  After several weeks both parties’ centristswrestled control back from the extremists and compromised on a bill to end thegovernment shut-down.  The wrestling backof control may have signaled that the centrists are ready to lead.  If so, Comprehensive Immigration Reform mayonce again be targeted as the type of policy that both parties can getbehind. 
Most significantly, Maj. Leader Boehner hired Becky Tallent in December 2013.  Ms. Tallent is a long-time advisor to Sen.John McCain (R-AZ) who has repeatedly made reform the United States’immigration laws a priority.  Reportedly, Ms. Tallent’s hire wasmade because of Rep. Boehner’s desire for an immigration bill. 

CGFNS: 40% OF FENs PERCEIVE DISCRIMINATION

CGFNS has co-authored a significantstudy, Perceptionsof Employment-Based Discrimination among Newly Arrived Foreign Educated Nurses.” The study was conducted by CGFNS andGeorge Washington University and funded by a grant from the MacArthurFoundation. 

The CGFNS press release implies thatthe study’s findings are based on FENs perceptions of America.  It does not appear that the study actuallyfound that 40% of FENs are discriminated by US employers, which is asignificant difference and one that may be addressed in the full article thatis to be published in the January 2014 American Journal of Nursing, Vol. 114,No. 1.
___

On a somewhat related note, DonnaRichardson, longtime CGFNS Director of Governmental Affairs and ProfessionalStandards, has announced her retirement. Chris Musillo and Cindy Unkenholt have both sat on panels with Donna andhave worked with her throughout her entire run at CGFNS.  She was also quick to help with problematicmatters and quicker with a smile.  MU Lawwishes her the best in her next phase of life. She will be missed.  
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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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