USCIS TELECONFERENCE CENTERING ON H-1B AND SCHEDULE A FOR NURSES
January 8, 2014
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?
January 6, 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
December 30, 2013
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.
PHILIPPINE GOVT REQUESTS TPS
December 18, 2013
Philippine Foreign Affairs SecretaryAlbert F. del Rosario hasformally requested the United States Government on Friday, December 13, todesignate the country under Temporary Protected Status (TPS). TPS will allow eligible Filipinos to stay andwork in the US in order for them to assist in the country’s continuing recoveryefforts after Super Typhoon Yolanda (Haiyan) devastated parts of thePhilippines.
The US government may take some timeto evaluate the request. Even if the USgovernment approves the TPS request, an applicant will need to prove that theyhave suffered hardship as a result of the Super Typhoon. If the applicant proves hardship he isallowed to stay in the US and granted work authorization.
The TPS for Haitian nationals isillustrative. Haiti suffered a massiveearthquake in January 2010. The USgranted TPS for Hatian nationals who could prove that they have suffered aneconomic hardship as a result of the earthquake.
JANUARY 2014 VISA BULLETIN
December 13, 2013
The Department of State has justreleased the January 2013Visa Bulletin. This is the fourth Visa Bulletin of the 2014 US FiscalYear, which began on October 1, 2013.
The All Other Countries EB-3 date jumped again. It has now moved 19 months in the last two calendar months. 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.
Unfortunately India EB-2 and India EB-3 remained stuck at the same dates from the December 2013 Visa Bulletin. The Philippine EB-3 did advance 5 weeks.
Unfortunately India EB-2 and India EB-3 remained stuck at the same dates from the December 2013 Visa Bulletin. The Philippine EB-3 did advance 5 weeks.
Here is this month's complete chart:
| January 2014 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Philippines | |
| EB-2 | Current | 08DEC08 | 15NOV04 | Current |
| EB-3 | 01APR12 | 01APR12 | 01SEP03 | 15FEB07 |
AN ACCOUNT OF IMMIGRATION REFORM
December 11, 2013
MU Law's Maria Schneider was recently published in the Cincinnati Bar Association’s (CBA) Report. Ms. Schneider’s article, An Account of Immigration Reform, was featuredon the cover of this month’s issue of the Report and concerns comprehensiveimmigration reform.
In the article Ms. Schneider outlines several groups vying for priority consideration in areformed immigration system and questions which of these groups should be givenpreference for entering the US. She concludes by asking the key question: Who gets in?
In the article Ms. Schneider outlines several groups vying for priority consideration in areformed immigration system and questions which of these groups should be givenpreference for entering the US. She concludes by asking the key question: Who gets in?
HEALTH AFFAIRS NOTES THE NEED FOR FOREIGN TRAINED HEALTHCARE WORKERS
December 7, 2013
The November issue of Health Affairs includes a ReformProposal co-authored by to researchers at the RAND Corporation, a post-doctoralfellow at the Vanderbilt University School of Nursing, and two faculty membersat the Yale School of Heath.
The extensively researchedarticle explains the substantial size of foreign-born healthcare workers in theUnited States. The Abstract to thearticle explains that the authors:
Review the distribution of these workers and their countries oforigin, and we summarize the literature concerning their contributions to UShealth care. We also report on these workers’ experiences in the United States and theimpact their migration has on their home countries.
Finally, we present policy strategies to increase the benefitsof health care worker migration to the United States while mitigating itsnegative effects on the workers’ home countries.
The author’s strategies include:
attracting more people with legal permanent residency statusinto the health workforce, reimbursing home countries for the cost of educatinghealth workers who subsequently migrate to the United States, improvingpolicies to facilitate the entry of direct care workers into the country,advancing efforts to promote and monitor ethical migration and recruitment practices,and encouraging the implementation of programs by US employers to improve theexperience of immigrating health workers.
The article is a must-read for those who are serious about attendingto US health care worker supply shortages.
H-1A REGULATIONS FORMALLY RESCINDED
November 27, 2013
File this blog entry under thecategory of “of no value to anyone but historians and regulatory completists”.
The H-1A was a nurse-specificnonimmigrant visa category in the 1990s. Congress failed to extend the H-1A in 1997 and the last H-1A nurse visaexpired in 2000. The H-1A law was formally repealed by Congress in 1999 in Sec. 2(c) ofthe Nursing Relief for Disadvantaged Areas Act of 1999, Public Law 106-095, 113Stat. 1312, 1316.
Forreasons that must be clear to someone but are lost on me, the Department of Laborformally rescindedsome of the underlying H-1A regulations on November 20, 2013. To give you an idea of how far the H-1A hasfallen on everyone’s radar screen, the H-1A was not even considered in thisJune Comprehensive Immigration Reform bill.
AILA ASKS FOR AOS DENIED FOR LACK OF A VISA SCREEN
November 20, 2013
AILA TSC Liaison Committee is seekingexamples of healthcare worker adjustment of status cases denied on the groundsthat no visa screen was included at the time the adjustment was filed. Pleasesend a brief description of the case along with a copy of the denial to reports@aila.org,with "Visa Screen Denial" in the subject line.