S.1 IMMIGRATION REFORM THAT WORKS FOR AMERICA’S FUTURE ACT
January 25, 2013
In the forthcoming weeks, Sen. Reid and the Democrats andSen. Rubio and the Republicans will begin to shape their immigration legislationlanguage. It is an open secret that the legalizationof the approximately 12 million undocumented will entirely drive the politicsof the legislation, but there is a real opportunity for Congress to fix otherimmigration policy failures, such as immigration forshortage occupations. Let’s hopethat Congress takes this opportunity and doesn't merely cling to symbols.
Sen. Harry Reid (D-NV) this week introduced the wordy, Immigration Reform ThatWorks For America’s Future Act. ThisAct is the first bill in the Senate, which is symbolic and encouraging. That having been said, it is only a “placeholder,”meaning that there is no substantive language attached to the bill at this time. Politicians like Sen. Rubio (R-FL) arebeginning to turn their policy statements into textual law that should be votedon by Congress in the next few months.
WILL CIR INCLUDE NURSES?
January 22, 2013
With Sunday'sre-inauguration of President Obama, he begins the second and last of histwo terms. He has targeted Comprehensive Immigration Reform as one of his majorpolicy initiatives. Republicans appear to be willing to cede fromtheir traditional anti-immigration positions. Sen. Marco Rubio (R-FL) hasmade immigration reform his pet cause.
The US Chamber of Commerce ispushing for high-skilledvisa liberalization. Professional nurses and Physical Therapists havebeen listed on the Department ofLabor's Schedule A since 1980. ScheduleA 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 fully qualified Registered Nurses between 7-10 years to obtainUS green cards. A fully qualified nurse has passed an Englishfluency examination and the relevant state's licensing examination. This is aninsane policy decision for an occupation that according tothe Occupational Outlook Handbook, is expected togrow 26 percent to 2020, faster than the average for all occupations.
Politicians like Sen. Rubio arebeginning to turn their policy statements into textual law that should be votedon by Congress in the next few months. Advocacy organizations have begun to lobby politicians. Readers of this blog who are concerned about this issue should contact MusilloUnkenholt, so that we can put you in touch with people who havealready begun to educate Senate staffs. Change will only happen with aneffort.
POEA Q&A
January 18, 2013
The Philippine Overseas Employment Administration is the Philippine government's agency dedicated to managing the outflow of Philippine workers to countries around the world. The POEA is specially charged with protecting the rights of Philippine workers, as well as promoting the deployment of Philippine workers. It regulates both foreign recruiting agencies and monitors the workers' jobs, insuring fair pay and fair working conditions.
POEA Administrator Hans Leo J. Cacdac will be answering questions via Twitter on January 22, 2013 at 3PM Manila time. Questions may be sent to: http://twitter.com/askPOEA.
While your on Twitter, you can give MU Law a follow too!
DOS ON-LINE TRACKING
January 15, 2013
The Department of State has launched an on-line tracking system for petitions and application that are being processed through their agency. DOS cases include all Consular /Embassy appointment cases, notably immigrant visas (green cards) where the applicant has to have an interview at an overseas Consulate/Embassy. It is expected that all applications that funnel through the National Visa Center will be accessible via this on-line system.
FEBRUARY 2013 VISA BULLETIN
January 10, 2013
The Department of State has just released the February 2013 Visa Bulletin.
Overall, the news remains disappointing. India EB-2 remained at September 1, 2004 for the fourth month. The Philippine EB-3 date was equally disappointing, moving just one week, to August 22, 2006.
Overall, the news remains disappointing. India EB-2 remained at September 1, 2004 for the fourth month. The Philippine EB-3 date was equally disappointing, moving just one week, to August 22, 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.
| February 2013 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Philippines | |
| EB-2 | Current | 15JAN08 | 01SEP04 | Current |
| EB-3 | 15MAR07 | 15NOV06 | 15NOV02 | 22AUG06 |
OT PROFESSION NOW REQUIRES A MASTERS
January 8, 2013
The Occupations of Physical and Occupational Therapy are ineducational transition. About ten yearsago, the Commission on Accreditation in Physical Therapy Education began the transitionfor Physical Therapists. CAPTE currentlyrequires a Master’s Degree for entry into the profession. The standard will riseto a Doctorate Physical Therapy on January 1, 2016.
Occupational Therapy is going through a similar transition. All new Occupational Therapist EligibilityDetermination applicants who do not hold a master’s degree in occupationaltherapy must have an OTED application with paymentto NBCOT postmarked by January 1, 2013. Effective January 2, 2013, only applicants with a master’s degree inoccupational therapy will be able to apply to the OTED review process and, ifdeemed eligible, take the NBCOT certification exam.
CTRL-ALT-DELETE
January 3, 2013
With the new year comes a new Congress. A new Congress means that all pending legislation is scrapped and must be reintroduced. This is the US Constitution's provision that calls for a Congressional reboot every two years. It was the founding father's version of pressing CTRL-ALT-DEL.
This may be less worrisome than it appears. Any bills that have any chance of passing the new Congress will be reintroduced in short order.
Last year at this time, MU Law looked at some bills that might see the light of day. Although ultimately none did pass, we did caution that "the odds are against these bills passing are long." What happens in 2013 is still an open question.
President Obama reportedly will make immigration reform a major push in 2013. The big debate is the legislative push will be for a comprehensive immigration package or whether a series of smaller, piecemeal immigration bills are pushed.
This may be less worrisome than it appears. Any bills that have any chance of passing the new Congress will be reintroduced in short order.
Last year at this time, MU Law looked at some bills that might see the light of day. Although ultimately none did pass, we did caution that "the odds are against these bills passing are long." What happens in 2013 is still an open question.
President Obama reportedly will make immigration reform a major push in 2013. The big debate is the legislative push will be for a comprehensive immigration package or whether a series of smaller, piecemeal immigration bills are pushed.
ANALYSIS OF A $4.5 MILLION H-1B VERDICT
December 20, 2012
A 2010 lawsuit has finished its trial stage, resulting in a $4.5million verdict in favor of 350 Philippine teachers who had been recruited towork on H-1B visas in Louisiana. Thejury found that the twin recruiting firms – Universal Placement International,based in Los Angeles, and its sister organization, Manila-based PARSInternational Placement Agency – violated a number of laws. The teachers’ case was supported by theSouthern Poverty Law Center, the American Federation of Teachers, and the mega-lawfirm Covington & Burling. The caseis captioned, Mairi Nunag Tanedo et al v. East Baton Rouge Parish School Board etal. The case is a strong blow againstunscrupulous recruiters.
But what did the Court really find with this decision? And how can H-1B recruiters and employers whowant to stay within the law learn from this decision.
We start with an Inquirer.netarticle from last year that explains the allegations.
The applicants were interviewed and were asked to pay $5,000upon submission of their documents. Petitionsfor working visas (H1B) for the teachers were processed through the recruitmentagency. When these were approved and the applicants concluded their interviewwith the US Embassy, the teachers were asked to pay an additional $10,000.Failure to pay the additional sum, they were told, would result in forfeitureof the first $5,000 and the teachers would not be permitted to travel to theUS.
The facts were concisely summed up in a May 2011 preliminaryOrder issued by US Judge Andrew J. Guilford in this case,
Enticed by promises of lucrative and exciting employmentthrough a work program, a foreign worker speaks with recruiters about workingin the United States. The recruiters explain the terms and costs of the workprogram, and the worker gets a large loan and voluntarily uses it to join theprogram.
After the worker joins the program and begins employment,the worker becomes unhappy. But if the worker quits, awaiting is a trip homewith a massive amount of debt that will be impossible to repay. Working in theprogram is the only way to repay the loan. Is this forced labor? Fraud? No. Itis a bargained-for exchange. Despite the worker's unhappiness, the terms andcosts of the program were known, and the worker voluntarily obtained the loanto join the program. The worker's eventual discontent does not transform thevalid contract with the recruiters into something illegal.
But what if after the worker made the payment, therecruiters alter the program terms and costs? The recruiters demand anadditional payment of double what the worker has already paid. They threaten tokick the worker out of the program if additional payments aren't made, and theykeep the initial payment even if the worker decides to leave to program. Theworker is therefore faced with a choice of forfeiting the first payment,knowing that repayment of the debt may be impossible, or paying the additionalmoney the recruiters now demand. Knowing that working in this program is theonly way to repay the initial debt, the worker pays the additional sum andcontinues working in the program.
Once the worker begins employment, complaints about thepayments and working conditions are met with continued threats of terminationand deportation. Knowing that this job is the only way to repay the debt, the workerremains silent and continues working. Is this forced labor? Fraud?
These are the questions now before this Court.
The SLPC’sDecember 18, 2012 press release implies that the court’s decision was basedon the fact that the teachers were “lured to teach in Louisiana public schoolsand forced into exploitive contracts.” Thispress release seems to back away from the SLPC’sinitial claims of “human trafficking, racketeering and fraud.”
And so the conclusion appears to be that the Court found theinitial contracts acceptable, but did not like the bait-and-switch component ofthe future forced employment contracts. Itis unclear to me at this time, whether the claims of racketeering and human traffickingwere part of the court’s decision or not.
But that analysis may have to wait. This Blog will be silent until year’s end aswe enjoy the Holidays with our friends and families. Musillo Unkenholt wishes all of our readers awonderful Holiday season!
JANUARY 2013 VISA BULLETIN
December 12, 2012
The Department of State has just released the January 2013 Visa Bulletin.
Overall, the news again was disappointing. India EB-2 remained at September 1, 2004 for the third month. Our projection that the India EB-2 number will move forward is looking wrong, although the basis for the projection is the same: earlier big movements tend to lead to later big movements.
The Philippine EB-3 date was equally disappointing, remaining at August 15, 2006.
Overall, the news again was disappointing. India EB-2 remained at September 1, 2004 for the third month. Our projection that the India EB-2 number will move forward is looking wrong, although the basis for the projection is the same: earlier big movements tend to lead to later big movements.
The Philippine EB-3 date was equally disappointing, remaining at August 15, 2006.
| January 2013 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Philippines | |
| EB-2 | Current | 08DEC07 | 01SEP04 | Current |
| EB-3 | 01FEB07 | 22SEP06 | 08NOV02 | 15AUG06 |