Health Care Blog

The newprogram allows repeat travelers who are extending their H-1Bs to avoid the visainterview if the prior visa is in the same classification with the same petitionerand is still valid or expired within the last 12 months.

Applicantsfor this visa interview waiver programs may apply on the USEmbassy – New Delhi website.

Applicantsmust meet these criteria:

If you cananswer “yes” to the following questions, you qualify for the Interview WaiverProgram “Dropbox” at one of the 11 service centers.

·        I received my visa after November 1, 2008
·        I have a previous U.S. visa in the same class as the visa for which I wish torenew
·        My previous visa was issued in India
·        My most recent visa (in the same visa class for which I am applying) was issuedon or after my 14th birthday
·        I have no refusals for a visa in any category after my most recent visaissuance
·        If I am applying for a B1/B2, C1D, F, or J visa, my prior visa in the sameclassification is still valid or expired within the last 48 months
·        If I am applying for an H or L (individual) visa, my prior visa in the sameclassification with the same petitioner is still valid or expired within thelast 12 months. Note: L (Blanket) visa does not qualify.
·        My prior visa is not annotated “Clearance Received”
·        My most recent visa (in the same visa class for which I am applying) was notlost or stolen

Thewebpage contains this Note: Using the interview waiver or drop box service doesnot guarantee visa issuance. In some cases, you may be required to appear for avisa interview at the U.S. Embassy/Consulate, for example, if you submit anincomplete and/or inaccurate application. Submit your application well inadvance of your planned travel to allow for the possibility that a visainterview will be necessary.

Other visacategories may also apply for the waiver of an interview:

·        Business/Tourism (B1 and/or B2);
·        Dependent (J2, H4, L2)
·        Transit (C) and/or Crew Member (D) – including C1/D.
·        Children applying before their 7th birthday traveling on any visa class
·        Applicants applying on or after their 80th birthday traveling on any visa class
·        Children applying before their 14th birthday traveling on any visa class
·        Students returning to attend the same school and same program
·        Temporary workers on Individual L1-A or Individual L1-B visas

On the heels of Congressional leaders announcing that they are considering Comprehensive Immigration Reform that could increase the number of employment-based visas, the National Foundation for American Policy (NFAP) has just released a 27 page detailed Report, “U.S. Government , Heal Thyself : Immigration Restrictions and America’s Growing Healthcare Needs“.  The NFAP Report’s recommendations include:

1)   Expand the number of employment-based green cardsso the wait times for skilled immigrants, including nurses, physicians, and physical/occupationaltherapists, can be measured in weeks or  months, rather than in years or decades.

With the election cycle over for at least a little while, it is now time for each party to see what worked and what didn’t work in the just-passed election cycle.  And it’s pretty clear that the Democrats immigration-friendly policy was a winner and the anti-immigration rhetoric from the Republicans was not.

As we asked last week: Now What?  The answer is that the Republicans have done an immediate 180 degree turn.  Already Sen. Graham (R-SC) has announced that he will work with Sen. Schumer (D-NY) to revisit their shelved 2010 Comprehensive Immigration Reform (CIR) bill, which was torpedoed when the Democrats moved ahead with their healthcare initiatives, driving the Republicans into their do-nothing mode.  

Now?  H-1Bs, Green cards, STEM occupations all may be in play.

Back in 2010, the bill was called CIR ASAP (Comprehensive Immigration Reform for America’s Sceurity and Prosperity). The CIR ASAP bill had these characteristics:

– Recapture of all Immigrant Visas (Family & Employment) from 1992-2008.

President Obama has been re-elected for a second four year term.  The Senate and House of Representatives largely have been kept in tact  As usual, immigration reform is expected to be hotly debated.  Republicans may be willing to cede from their traditional anti-immigration positions, in light of post-election analysis saying that their position is really hurting them with the Latino vote.  It was President George W. Bush’s relative success with the immigrant community that propelled him to his two victories.

The obvious place to start would be with employment-based immigration, specifically with immigration for workers in occupational zones that are unfilled by American labor.  Professional nurses and Physical Therapists have been listed on the Department of Labor’s Schedule A since 1980.  Schedule A is limited to those occupations that the Department has “determined there are not sufficient United States workers who are able, willing, qualified, and available for the occupations.”  

In spite of this obvious shortage, it still takes Physical Therapists several years to obtain US green cards.  For nurses, it’s much, much worse.  A fully qualified nurse who has passed an English fluency examination and the relevant state’s licensing examination must wait approximately seven years to obtain the green card.  If the nurse is Indian, the wait is ten years. This is ridiculous.

The President ought to be able to get the votes to end these delays, which hurt US patients and make intending immigrants question America’s desire for their badly needed talent.

As we have bloggedabout in the past, the USCIS’ inconsistently adjudicates EB-2 petitionsfor Physical Therapists.   The law is straightforward. Ifthe position requires an Advanced Degree, then EB-2 Petition should beapproved. An Advanced Degree is a US Master’s Degree, the foreign equivalent ofa US Master Degree, or a Bachelors Degree and five years of progressive workexperience.

MU hopes that its clients and friends enjoy a Happy Halloween from “Boo-Sillo” Unkenholt.

*Note – this is what our lobby actually looks like right now!

Reader of this Blog may want to participate in two upcomingConferences. 

The FSBPT, which had announced an NPTE rate increase would take place on January 1, 2013, has delayed the implementation of the rate increase until January 1, 2014.   The NPTE fee was to be increased to $400.  It will now stay at $370 for one more year.

The FSBPT gave several reasons for delaying the fee increase.  Most interesting was their projection that NPTE filings would decrease in the upcoming years.  FSBPT predicts that the increase in NPTE volume will shrink to 3% per year.  FSBPT previously expected a 5% annual increase in NPTE volume.