MU FEATURED SPEAKERS AT NPA ANNUAL
February 27, 2013
MU Lawyers Chris Musillo and Cindy Unkenholt will befeatured presenters at the 2013 NPA Global Conference in Las Vegas, NV. NPA, The Worldwide Recruiting Network is atrade association that connects independent global recruiting firms. NPA is the oldest recruiting network of itskind, with an international membership of recruiting firms located throughoutEurope, Asia, Australia, Africa and the Americas. The MU Law presentation focuses onInternational Healthcare Visa Options. Ifyou are at the Conference please stop by and say hello.
VISA BULLETIN PROJECTIONS FOR 2013
February 25, 2013
Charles Oppenheim of the Department of State is the personmost responsible for each month’s VisaBulletin. In a conversation withAILA, Mr. Oppenheim recently discussed projections for future VisaBulletins. MU Law has spoken with Mr.Oppenheim several times in the past and have always found that his projectionsare well thought out and very accurate.
Here are some important notes from that conversation:
- India EB2 will see very little movement in the foreseeable future. Many immigrant visa applicants with old India EB3s are recapturing these dates in subsequent EB2 applications, thereby holding back the progression of India EB2. Current numbers indicate that there are approximately 42,000 India EB2 cases in line with priority dates prior to May 2010. These numbers cannot account for future upgraded India EB3s.
- The USCIS and DOS have pre-adjudicated 44,000 India EB-3 Applications with priority dates before August 2007. Therefore it will be several years before India EB-3 progresses beyond that date.
- There are 12,000 India EB3 cases with priority dates before January 2004, which means that India EB3 will not improve into 2004 for at least one or two years.
- Worldwide EB-3 has 42,000 pre-adjudicated cases with priority dates before March 2007. Still, the Worldwide EB-3 date is May 2007. Mr. Oppenheim did not say it, but it reasonable follows that many of these 42,000 Worldwide EB-3s likely have been abandoned.
· Because it is impossible to predict how manyEB2s are upgraded to EB2, it is nearly impossible to predict future dates. For instance, Worldwide EB3 had 1,100upgrades in December 2012. In 2007,there were only 72 upgrades for the entire year.
BIGGEST H-1B USERS
February 19, 2013
The US allows65,000 new cap-subject H-1Bs in any fiscal year. Added to that is another 20,000 H-1Bs forthose who have graduated from US Master's degree programs. There is no limit on cap-exempt H-1Bemployers. Cap-exempt employers are nonprofitentities (or their affiliates) who are associated, owned or attached to auniversity. Some research facilities arealso exempt from the H-1B cap.
Computerworldreports that 134,780 cap-subject H-1Bs were approved in fiscal year 2013 (thefiling period for cap-subject FY2013 H-1Bs was April 1, 2012 – June 12,2012). This is the greatest number offilings since FY2007. Computerworldnotes that all of the top H-1B users are all technology companies. There are not any healthcare companiesanywhere near the top of the list. WillCongress carve out a visa path for these badly needed healthcare workers?
Computerworldreports that 134,780 cap-subject H-1Bs were approved in fiscal year 2013 (thefiling period for cap-subject FY2013 H-1Bs was April 1, 2012 – June 12,2012). This is the greatest number offilings since FY2007. Computerworldnotes that all of the top H-1B users are all technology companies. There are not any healthcare companiesanywhere near the top of the list. WillCongress carve out a visa path for these badly needed healthcare workers?
MARCH 2013 VISA BULLETIN
February 12, 2013
The Department of State has just released the March 2013 Visa Bulletin. This Visa Bulletin shows minor progress from last month's Visa Bulletin.
Overall, the news remains disappointing. India EB-2 remained at September 1, 2004 for the fifth month. The Philippine EB-3 date was equally disappointing, moving just one week, to September 1, 2006.
Overall, the news remains disappointing. India EB-2 remained at September 1, 2004 for the fifth month. The Philippine EB-3 date was equally disappointing, moving just one week, to September 1, 2006.
As MU Law mentioned earlier, we expect the Philippine EB-2 number to remain Current or near Current until Spring/Summer 2013, when it should become unavailable as it does most Summers.
| March 2013 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Philippines | |
| EB-2 | Current | 15FEB08 | 01SEP04 | Current |
| EB-3 | 01MAY07 | 22JAN07 | 22NOV02 | 01SEP06 |
NBCOT / OTED FILING DEADLINES
February 11, 2013
Occupational Therapist candidates are reminded that the filed of Occupational Therapy raised its minimum educational standard on January 1, 2013. All applications that are postmarked after January 1, 2013 can only be filed by Masters Degree prepared OTs.
The NBCOT reminds applicants that starting July 31, Occupational Therapy Education Determination (OTED) applicants who do not hold a master's degree in Occupational Therapy will be deemed incomplete.
Anapplication is deemed incomplete when one or more of the documentationrequirements remains outstanding:
The NBCOT reminds applicants that starting July 31, Occupational Therapy Education Determination (OTED) applicants who do not hold a master's degree in Occupational Therapy will be deemed incomplete.
Anapplication is deemed incomplete when one or more of the documentationrequirements remains outstanding:
•Official FinalTranscript
•Official coursedescriptions and course syllabi with date of degree completed on syllabi
•Verification ofAcademic Credential Form
•Program DirectorForm
•Verification ofOT License, Registration, Certification or Other Form of OfficialGovernment Recognition Request form
NEW CONSULAR PROCESS FEE
February 5, 2013
There is a newfee of $165.00 for Consular Processed Immigrant Visa (green card)appointments, effective February 1, 2013. This fee will not apply toI-485, Applications for Adjustment of Status. Applicants will pay online through the USCIS website after they receivetheir visa package from Department of State and before they depart for theUnited States.
The DOS will provide applicants with specific information onhow to submit payment when they attend their consular interview. The new fee isin addition to NVC fees charged by DOS associated with an individual’simmigrant visa application.
The USCIS has set up a dedicatedwebpage to handle the payment of the immigrant Visa Fee.
H-1B TELECONFERENCE FEB 13
February 4, 2013
In anticipation of the H-1Bcap filing date of April 1, 2013, MU Law will be holding a free teleconferencefor our clients on February 13, 2013 at 2PM / 11AM PT. Interested clientsshould email MU’s Lauren Gramke,who can register you for the teleconference.
Last year the H-1B cap wasreached on June 11, 2012; we expect that the demand will be greater this year. It is imperative that all H-1B cap-subject Petitions are filled on April1, 2013 in order to insure that the H-1B Petition qualifies under this year’sH-1B cap.
H-1B cap-subject petitionsinclude:
* International studentsworking on an EAD card under an OPT or CPT program after having attended a U.S.school
* International employeesworking on a TN may need an H-1B filed for them in order for them to pursue apermanent residency (green card) case
* Prospective internationalemployees in another visa status e.g. H-4, L-2, J-1, F-1
* H-1B workers with a capexempt organization
* Prospective internationalemployees currently living abroad
In addition to the H-1B capdiscussion, MU lawyers will also provide an employment-based immigrationlegislation update.
Please contact your MU immigration attorney if you have any questions about this MU Visa Advisor orany other immigration issue.
PHILIPPINE NURSING SUPPLY CONTINUES TO GROW
February 1, 2013
The Philippines continues to produce nurses, in spite of a global recession entering its fifth year. GMA News reports that the Philippines produced about 100,000 nurses last year, about triple the Philippines 36,000/year need.
This is not unusual for a country that acknowledges that overseas employment is a key part of its government policy. The natural result of educating a greater number of nurses is that the licensure pass rates of the nurses will decrease. The Philippine nursing will need to make sure that the quality of the education does not suffer as the volume of nursing students increases, which is certain to happen in the next few years. These schools traditionally have been good at adapting to these macro-economic labor trends. There is no reason to think that they won't be in the future.
115,000 H-1Bs . . . OR EVEN MORE?
January 28, 2013
The news around Comprehensive Immigration Reform is movingat a breakneck pace. On Tuesday, PresidentObama will speak in Las Vegas. Thisis expected to be the launch for the President’s plan for ComprehensiveImmigration Reform. The President isfirmly behind CIR and likely will sign any bill that legalizes most or all ofthe 12 million or so undocumented.
The House of Representatives was expected to be a differentstory. Unlike the Senate, which iscontrolled by the President’s Democratic party, the House is controlled by theRepublicans who were expected to put up a bigger fight on immigration.
Yet, in a closed door meeting on Friday, Speaker JohnBoehner (R-OH) toldthe Ripon Society that a group of dedicated policy wonks and politicianshave been meeting on and off for three or four years and that, “Frankly, Ithink they basically have an agreement”.
As if that weren't encouraging enough, Computerworld reportedon Friday that a bipartisan group of influential Senators were ready tointroduce a high-skilled immigration bill, the Immigration Innovation Act, that calls for the H-1B cap to increase to115,000 per year, from its current 65,000. The H-1B cap would contain a “market-based escalator” that wouldincrease or decrease the H-1B cap as employer-demand ebbed and flowed, althoughit could never fall below the 115,000 threshold.
Things are moving very fast in immigration. If you are in healthcare and want to be surethat this once-in-a-decade opportunity to influence immigration legislation isnot missed, please contact MU Law. We are working with a dedicated group ofindustry leaders to push for positive immigration reform in healthcare, but weneed more help.