NPTE TEST DATES FOR 2014
July 24, 2013
The FBSPT has recently published the 2014 National Physical Therapy Exam (NPTE) test dates. MU Law reminds readers to schedule their 2014 Physical Therapy NPTE exams.
Keep in mind that the FSBPT uses a fixed-date testing process. The FSBPT approach is different than other healthcare occupation's examination processes, which allows for rolling testing dates. FSBPT believes that their fixed-date testing system provides the most secure exam for their industry.
Be sure to register well 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 |
HEALTHCARE IS FIVE PCT OF H-1Bs
July 18, 2013
The USCIS has just released its Characteristicsof H1B Specialty Occupation Workers report. As its name implies, the report contendsloads of data about the H-1B program. Notablefor readers of this blog is that Occupations in Health and Medicine made up approximatelyfive percent of all H-1Bs petitions approved in 2012 (Table 8A). Keep in mind that these figures include H-1Bextensions and concurrent H-1Bs. Thedata does not break out H-1B cap-subject petitions.
The report details a load ofinteresting data, including the below excerpt from the summary. The data refutes much of the complaints aboutthe H-1B program, including the criticism that it is used as a way to facilitatecheap foreign labor. The median salaryof $70,000 is much higher than the USmedian salary of $26,695. The averageComputer Programmer salary was $71,380, more or less in-line with theoverall H-1B salary figure listed in this report.
· The number of H-1B petitions filed increased 15percent from 267,654 in FY 2011 to 307,713 in FY 2012.
· The number of H-1B petitions approved decreased3 percent from 269,653 in FY 2011 to 262,569 in FY 2012.
· Seventy-two percent of H-1B petitions approvedin FY 2012 were for workers between the ages of 25 and 34.
· Forty-six percent of H-1B petitions approved inFY 2012 were for workers with a bachelor’s degree, forty-one percent had a master’sdegree, 8 percent had a doctorate, and 4 percent were for workers with aprofessional degree.
· Sixty-one percent of H-1B petitions approved inFY 2012 were for workers in computer-related occupations.
· The median salary of beneficiaries of approvedpetitions remained at $70,000 for both FYs 2011 and 2012.
GUILTY VERDICT IN H-1B NURSE SCHEME
July 15, 2013
Last month MU Law posted a blog about an alleged H-1B nurse visa scheme that resulted in a federal indictment and trial. The verdict is in. US Citizen Kizzy Kalu was found guilty of 89 criminal counts, including visa fraud, mail fraud, money laundering, and human trafficking.
The allegations included information that Mr. Kalu misled the USCIS, alleging thatthe nurses would work as instructors/supervisors at Adam University. Nurse instructor/supervisors are generally held to be specialtyoccupations, which makes these positions eligible for H-1B approval.
Theprosecutors proved that Adam University existed largely in name only and had nogenuine need for nurse instructor supervisors. The nurses actually worked as regular nurses at salaries below prevailingwage. Regular nursing positions areusually ineligible for H-1B approval.
Thegovernment also proved that Mr. Kalu forced the nurses to kick back a portion oftheir salary and threatened to have their visas revoked if they did not complywith his scheme. The full press releaseis available on the US Department of Justice’s website. Mr. Kalu's sentencing is set for September 23, 2013.
AUGUST 2013 VISA BULLETIN
July 10, 2013
The Department of State has just released the August 2013 Visa Bulletin. There has been a dramatic jump for India EB2. MU Law expected that an India EB2 progression would happen, although it took a lot longer than we expected. Suffice it to say, had it happened earlier in the year, today's jump would not have been as dramatic. Nevertheless, the India EB2 jump is welcome news.
Unfortunately, no other category moved more than a few weeks and most employment-based categories did not move at all.
Unfortunately, no other category moved more than a few weeks and most employment-based categories did not move at all.
| August 2013 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Philippines | |
| EB-2 | Current | 08AUG08 | 01JAN08 | Current |
| EB-3 | 01JAN09 | 01JAN09 | 22JAN03 | 22OCT06 |
SIA ARTICLE: BENEFIT OF COUNSEL
July 9, 2013
MU Law's Chris Musillo wasasked to author an article for Staffing Industry Analysts. SIA has published an article in SIA's Julyissue of SI Review. An internetcopy of the article appears on the SIA webpage.
In the articleChris discusses the Comprehensive Immigration Reform debate and what may happenif CIR is passed. Chris concludes:
Contingentlabor and staffing companies have traditionally been large users offoreign-trained employees. These employees have proven to be beneficial foremployers and American society as a whole. It is incumbent on the industry tomake sure that Congress hears this story or else misperceptions, and notrealities, will drive future legislation and regulation.
HOUSE STARTS MOVING: SKILLS ACT PASSES
July 3, 2013
The HouseJudiciary Committee has passed the SupplyingKnowledge Based Immigrants and Lifting Levels of STEM Visa Act (SKILLSAct). Rep. Darrell Issa (R-CA) sponsored the SKILLS Act. Hehas 20 co-sponsors.
The SKILLS Actwould nearly triple the H-1B cap and also increase employment-based green cardnumbers. Notably, Sec.110 of the Act sets aside 4,000 immigrant visas for healthcareoccupations, including nurses, physical therapists, occupational therapists,and other allied healthcare workers who work in rural or undeservedareas. These immigrant visas are immediately available and not subject toretrogression.
This is the first step toward a House CIR bill. The House is expected to spend the summer debating, proposing and amending a variety of provisions. Together these provisions will become the House CIR bill.
The House may administratively decide to have several smaller bills, rather than one large CIR bill, as has been done in the Senate. It remains to be seen if this strategy proves to be successful.
This is the first step toward a House CIR bill. The House is expected to spend the summer debating, proposing and amending a variety of provisions. Together these provisions will become the House CIR bill.
The House may administratively decide to have several smaller bills, rather than one large CIR bill, as has been done in the Senate. It remains to be seen if this strategy proves to be successful.
BREAKING! SENATE PASSES CIR
June 27, 2013
Today the Senate took the historic step ofpassing Comprehensive Immigration Reform, Senate bill S. 744. This is a significant step on the path to thebill becoming law. It is important tonote that nothing has changed with this action. While we are much closer, we are still quite a ways from any legalchange. The House must act. The House is more conservative than theSenate.
S. 744 does many things. Many of the specifics will change as theHouse takes action. Therefore it is muchtoo early for employers to plan for CIR.
What the House will do is a wide-openquestion. The House will likely moveslowly. There are many factions ofRepublicans who are struggling to reconcile their disparate opinions. If the Republicans can agree on the Houseside, then a House CIR bill could pass.
Even if that happens, there is no guaranteethat the senate and House bills can be reconciled. At this point the odds are 50/50 that we getCIR in 2013, and the odds improved significantly with today’s Senate vote.
MU Law has been to Washington on severaloccasions in the last 90 days to speak with Congressional staff aboutemployment-based immigration issues. While no one knows what the final CIR bill will look like, but if CIRpasses it will have these characteristics:
Greater H-1B visa numbers. Current law allows 65,000 new “regular” H-1B visa approvalsevery fiscal ear and an additional 20,000 for graduates of American Master’s degreeprograms. American businesses haveregularly asked Congress to raise this H-1B quota. Congress is hearing the call. Most potential legislation calls forincreased H-1B numbers.
Increased H-1B Enforcement. The trade-off for the greater H-1B numbers isgreater enforcement regulation. Allversions of CIR step up funding for H-1B enforcement.
Special Third Party Placement Rules for H-1BEmployers. Since January 2012,USCIS has held staffing companies to a higher level of scrutiny. Congress is nowgoing further. Placing employees atthird-party worksites is outright prohibited for some employers and highlyregulated in others.
Abundant Green Card Numbers. Byincreasing green card numbers, Congress hopes to incentivize employers andworkers to become permanent residents. . This should mean faster green cardsand less worrying about quotas.
E-Verify is here to stay. E-verifyis a federal program whereby voluntary employers can check a prospectiveemployee’s work authorization. Governmentcontractors and some states have made E-verify mandatory. Congress appears ready to require E-verifyfor all employers, likely phasing it in over a few years.
Shifting from Family Based Visa Numbers toMerit Based Immigrants. One part of the CIR plan is that Congressappears to have settled on a merit-based green card. A merit-based system would allow theDepartment of Homeland Security to weigh a number of factors, such aseducation, job prospects, US ties, and English fluency to prioritize anapplicant’s visa. The merit based systemwill come at the expense of the family categories and will eliminate the visalottery program.
AILA DINNER
June 20, 2013
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. Most years we have about 15 people. It is a great chance to catch up with old friends (and new 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 June 21. Friends, spouses, etc. are alsowelcome.
OTED REMINDER: DOCUMENTATION DUE BY JULY 31
June 18, 2013
The National Boardfor Certification in Occupational Therapy recently issued a reminder aboutOccupational Therapy Eligibility Determination (OTED) standards. The OTEDprocesses applications from non-US trained Occupational Therapists. Thecriteria for submitting an OTED application is that the foreign-trained OT musthave an educational background that is comparable to a US-entry OccupationalTherapist. This entry standard has been a master’s degree since January1, 2013.
OTED now reminds applicantsthat after July 31, 2013 all applications will be closed unless the applicationincludes evidence that a US-equivalent Master’s Degree has been obtained. Documentary evidence includes:
- Official schooltranscript
- OfficialCourse Syllabi with descriptions
- Verification ofAcademic Credential Form
- Program DirectorForm
- Verificationof OT License, Registration, Certification or Other Form of OfficialGovernment Recognition Request form