POEA WARNING ON BOGUS EMPLOYEE
March 21, 2014
The Philippine Overseas Employment Administration (POEA) is the Philippine government's agency tasked with protecting Philippine workers rights when they travel to work outside the Philippines. The POEA also promotes the development of overseas workers. Employers who seek to recruit and hire Philippine workers must obtain a POEA licence before recruiting Philippine workers.
The POEA has just issued a warning that a "Sandra M. Lim" has been representing herself as an Asst. Supervisor with the POEA. The POEA confirms that there is no POEA official or employee with that name.
The POEA has just issued a warning that a "Sandra M. Lim" has been representing herself as an Asst. Supervisor with the POEA. The POEA confirms that there is no POEA official or employee with that name.
NURSE STAFFING AND MORTALITY RATES
March 18, 2014
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.
HISTORICAL H-1B USAGE
March 14, 2014
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 |
APRIL 2014 VISA BULLETIN
March 9, 2014
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.
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 |
US ADDS CHILE TO VISA WAIVER PROGRAM
March 6, 2014
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).
USCIS SEEKS INFO ON H-1s FOR RNs
March 3, 2014
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?
MEXICAN TNs NO LONGER NEED USCIS APPROVAL
February 25, 2014
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:
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 |
THE TIME TO PREPARE YOUR H-1B IS NOW
February 21, 2014
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 abroad2013 NCLEX EXAM WEBINAR SERIES
February 18, 2014
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.