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Healthcare Blog

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.  

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



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.


CONSULAR PROCESSING FOR EXPERTS

MU's Chris Musillo is a featured speaker on the Continuing Legal Education panel, Consular Processing for Experts.  Interested attorneys can register for the session at ILW.com.  Discussion topics include: nonimmigrant intent, visa eligibility, preparation for the visa interview, and post-interview issues. 

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