H-1B FOR NURSE EDUCATORS
July 17, 2014
To qualify for an H-1B, theposition must require and the employee must hold a bachelor’s degree orgreater. As a result, most nursingpositions do not qualify for H-1B as a BSN is not typically required for afloor nurse position. Nurses who are eligiblefor an H-1B include: a nurse educators, nurse managers, or specialty nurseswhere the position requires a higher level of education.
Earlier in the year, MU Lawreceived a denial in a case for a Nurse Educator position. The USCIS denied the petition, holding theposition did not require a bachelor’s degree or greater – a requirement forH-1B status.
After the denial, we appealed thecase to the Administrative Appeals Office (AAO), which is the body that reviewsappealed USCIS Service Center decisions. We believed and argued that the evidence shows that the preferredcredential for teaching in the academic setting is the doctoral degree. At a minimum, nurse educators at colleges anduniversities must hold a master’s degree in nursing and have additionaltraining in the science of teaching.
We have recently received word thatour appeal was successful. MU successfully argued that the position of NurseEducator requires a master’s or doctoral degree and so therefore not onlymeets, but exceeds, the H-1B requirements. The appeal was sustained and the H-1B is now approved.
A nursing shortage in United Statesis expected to continue in the comingyears, as the US economy continues to recover and older nurses beginretiring. This will only make the need for qualified nursing faculty morecritical and the H-1B a viable option for schools looking to hire nursing faculty.
H-4 EAD COMMENT PERIOD HAS ENDED
July 14, 2014
Earlier this year theUSCIS proposeda rule that, if enacted will allow H-4 spouses to file for work authorization. The rule, if passed as drafted, will allowH-4 spouses of H-1B holders to obtain EAD employment authorization.
Under the law, whena new rule such as this is proposed, the USCIS must give the public 60 days tocomment on the proposed rule. Thatcomment period ended on Friday July 11. TheUSCIS will now sort through the comments. Computerworld notes that adoption of the proposedrule is “all but assured.” The timing ofthe “assured” approval is unknown at this time.
The Computerworld article has an interestingdiscussion about the types of comments that have been received and how anautomated tool can mine the comments for trends. For instance, out of 6,035 non-uniquecomments, “453 were exact duplicates of 10 different comments.”
AUGUST 2014 VISA BULLETIN
July 10, 2014
The Department of State has just released the August 2014 Visa Bulletin. This is the eleventh Visa Bulletin of the 2014 US Fiscal Year, which began on October 1, 2013.
The Philippines EB-3 jumped again. It is now at June 2010, which is a three year jump in the last three months.
India EB-2 also moved forward. It progressed to January 2009.
The Chinese EB-3 number continued to move dramatically and inconsistently. It is now at November 2008.
The All Other EB-3 held steady as well. It remains at April 2011. Our sense is that it will not progress until the next US fiscal year.
India EB-2 also moved forward. It progressed to January 2009.
The Chinese EB-3 number continued to move dramatically and inconsistently. It is now at November 2008.
The All Other EB-3 held steady as well. It remains at April 2011. Our sense is that it will not progress until the next US fiscal year.
| Employment- Based | All Chargeability Areas Except Those Listed | CHINA - mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 08OCT09 | 22JAN09 | C | C |
| 3rd | 01APR11 | 01NOV08 | 08NOV03 | 01APR11 | 01JUN10 |
PNAA ANNUAL CONVENTION
July 3, 2014
The Philippine Nurses Association of America just held its 35th Annual Convention. This year's Convention was held in Las Vegas, NV. MU Law was proud to be a featured sponsor of the event, as we have for the last five years.
Check out the MU Law Facebook page to see pictures from this year's event.
We encourage Philippine nurses to explore this great organization.
Check out the MU Law Facebook page to see pictures from this year's event.
We encourage Philippine nurses to explore this great organization.
FIVE YEARS AS MU LAW
July 1, 2014
Today marks the five year anniversary of the Musillo Unkenholt LLC law firm. We are proud of the work that we have done here on behalf of our many clients. The "unsung" heroes of the firm are our experienced paralegal team, many who have been with us for the entire five years. Thanks to everyone for all your support over these five years!
VISA PROJECTIONS FOR THE NEXT FEW MONTHS
June 24, 2014
MU Lawyers were atAILA’s annual convention in Boston last week. In discussing the Visa Bulletin with several attorneys, and piecing togethersome information from DOS officials, here are our unofficial projections forthe remainder of Fiscal Year 2014, which ends September 30, 2014.
EB-1
EB-1 is expected tostay current through the Fiscal Year.
EB-2
China: Chinese EB-2 numbers could progress, although itdoes not appear that it will move too quickly.
India: Indian EB-2 numbers jumped dramatically betweenMay and June 2014, progressing nearly four years to September 2008. Our sense is that the Indian EB-2 number willcontinue to stay in 2008, and will continue to progress because the DOS doesnot want a single visa to go unused in this category. The number may temporarily become unavailablein September 2014, which is common.
All Other: Allother EB-2 should remain Current for the remainder of the Fiscal Year.
EB-3
China: Chinese EB-3numbers have been on a wild ride this year. They were into 2012 for much of the year before a massive retrogressionin June. There is a sense that the DOSis unsure just how many numbers are needed. MU Law’s read is that the number will progress this summer, perhapsseveral years. Again, the DOS is tryingto insure that all numbers in this category are used.
India: The DOS hasthis category accurately projected. As aresult India EB-3 will continue its very slow progression.
Philippines: It seems unlikely that this number will getinto 2010. That having been said, thenumber should progress steadily in FY 2015.
All Other: The DOS tapped the breaks on this number in June,stalling it at April 2011. MU Law’s senseis that the number will progress before becoming temporarily unavailable laterin the Summer.
WANT TO HAVE DINNER AT AILA ANNUAL?
June 13, 2014
For the lastseveral years a group of AILA lawyers who practice in healthcare have gottentogether for a dinner on the Thursday of AILA Annual week. We have about 15 people signed up already. It is a great chance to catch up with old friends (andnew ones!). It is a casual event.
If you are an AILAattorney who is interested in attending this year’s dinner, please let me know how many willbe attending from your group by Monday. Friends, spouses, etc. are alsowelcome.
COULD REP. CANTOR’S LOSS HELP IMMIGRATION REFORM?
June 12, 2014
Well, in spite ofmy headline the answer is probably not, but there is some hope.
Rep. Cantor (R-VA)was the second-in-command in the Republican-majority House ofRepresentatives. It is generallybelieved that any material Immigration Reform measure must be driven by theHouse Republicans. Rep. Cantor wasgenerally known to be a pro-business Republican, who was helping push forimmigration reform behind-the-scenes, or at least that is what his primaryopponent, Dave Brat, led central Virginians to believe. Mr. Brat’s shocking primary upset on Tuesdayseems to mean that immigrationreform is dead for 2014.
So could Rep.Cantor’s loss actually help?
It seems unlikelybut it may not be as bad as it seem today. For one, other immigration-friendly southern Republicans, such as Sen.Lindsay Graham (R-SC), coasted to primary victories. Second, and the reason for my provocativeheadline, is Rep. Kevin McCarthy (R-CA). Rep. McCarthy is the next-in-line for Rep. Cantor’s No. 2 positionwithin the House Republican leadership. As thisarticle in the Irish Central points out, Rep. Cantor “represents a centralCalifornia district where pro-immigrant issues, immigrant issues, such as theneed for immigrant labor among the huge farming concerns, are critical. His district is 35 percent Latino and he ison record as favoring a version of immigration reform.”
Yet again leadershipon the issue turns back to the Majority Leader Rep. John Boehner(R-OH). Rep. Boehner has straddled theline between the pro and anti-immigration wings of his party, a line that seemsaimless. If he can articulate a strategyimmigration reform might have a chance. For now, all we have is glimmers of hope.
JULY 2014 VISA BULLETIN
June 10, 2014
The Department of State has just released the July 2014 Visa Bulletin. This is the tenth Visa Bulletin of the 2014 US Fiscal Year, which began on October 1, 2013.
The Philippines EB-3 jumped again. It is now into 2009, which is a two year jump in the last two months.
India EB-2 also dramatically moved forward. It progressed four years to September 2008.
The Chinese EB-3 number stayed back at October 2006.
The All Other EB-3 held steady as well. It remains at April 2011. Our sense is that it will not progress until the next US fiscal year.
India EB-2 also dramatically moved forward. It progressed four years to September 2008.
The Chinese EB-3 number stayed back at October 2006.
The All Other EB-3 held steady as well. It remains at April 2011. Our sense is that it will not progress until the next US fiscal year.
| Employment- Based | All Chargeability Areas Except Those Listed | China - mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 01JUL09 | 01SEP08 | C | C |
| 3rd | 01APR11 | 01OCT06 | 01NOV03 | 01APR11 | 01JAN09 |