IS H-4 EAD WORK AUTHORIZATION ON THE HORIZON?
December 11, 2012
An ExecutiveOrder Review Search reveals that the USCIS may be finalizing a rule thatwill allow work authorization for H-4 spouses if they have begun the process ofseeking lawful permanent resident (LPR) status through employment and haveextended their authorized period of admission or "stay" in the U.S.under section 104(c) or 106(a) of Public Law 106-313 (American Competitivenessin the Twenty-First Century Act of 2000 or AC21).
This proposal was first prominently suggestedin May 2012 in the U.S. Department ofHomeland Security Retrospective Review of Existing Regulations – ProgressReport. Most people, MU Lawincluded, did not think that action would come quickly, if ever, in spite of anofficial WhiteHouse Response to a petition for such authorization earlier this year. Nonetheless, this authorization is longoverdue and it is encouraging that President Obama’s administration is followingthrough on its promises to produce favorable uncontroversial immigration legislationand regulation.
NPTE EXAMS AND DEADLINES FOR 2013
December 6, 2012
As the calendar is turning to 2013, MU Law reminds readers to schedule their 2013 Physical Therapy NPTE exams. The FBSPT has produced a chart that lists the relevant test date deadlines. We reproduce it here for readers.
Keep in mind that the FSBPT uses a fixed-date testing scheme. 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.
Keep in mind that the FSBPT uses a fixed-date testing scheme. 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, 2013 | December 22, 2012 | December 31, 2012 | January 8, 2013 | February 5, 2013 |
April 30, 2013 | March 23, 2013 | April 1, 2013 | April 9, 2013 | May 7, 2013 |
July 24, 2013 | June 17, 2013 | June 24, 2013 | July 3, 2013 | July 31, 2013 |
October 30, 2013 | September 23, 2013 | September 30, 2013 | October 9, 2013 | November 6, 2013 |
TOEFL NO LONGER REQUIRED FOR OTED
December 3, 2012
The National Board of Certification for Occupational Therapists(NBCOT) recently confirmed that the Test for English as a Foreign Language(TOEFL) will no longer be required to complete the Occupational Therapists EligibilityDetermination (OTED) process. In otherwords, an English fluency exam is not required prior to an applicant’s testdate.
Applicants should keep in mind that if they want to work inthe United States, they will require a Visa Credential Verification Certificate(VCVC) or a Visa Screen at the time of their visa interview. The visa interview is usuallythe last step in the immigration process. The VCVC can be applied for through the NBCOT and the Visa Screen can be applied for through CGFNS. Federal law requires that before aVCVC or Visa Screen is issued, an English fluency exam must be obtained. For the VCVC, the minimum passing score forthe TOEFL is defined as 89 for the Internet-Based Test, and 26 for the Speakingportion of the test.
INDIAN NATIONALS MAY AVOID VISA INTERVIEW
November 26, 2012
The US Embassy-India has begun aprogram where H-1B renewal applicants in India nolonger need to attend a visa interview for their H-1B visaextension. This waiver of the interview process is a welcome relief forIndian nationals who increasingly have had difficulty extending US H-1B visas.
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
NFAP TELLS CONGRESS: GROW NUMBER OF HEALTHCARE VISAS
November 14, 2012
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.
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.
2) Establish a temporary visa that facilitates theentry of foreign nurses. Current temporary visas do not work for the vast majorityof foreign nurses and their potential employers.
3) To aid patients in under-served areas and enablemore U.S.-trained doctors to pursue specialized medical fields expand the Conrad30 program to include many more physicians per state and in the country as a whole.Also, we should consider policies to overcome the limitations on medical residencyslots in the U.S. by developing guidelines to allow foreign-trained doctors to practicein the United States if they can demonstrate a high level of expertise. Congress logically should include physicians and medicalresearchers in biology and chemistry in the definition of Science Technology Engineering and Mathematics(STEM) for exemption from employment-based green card quotas in future legislation.
4) Streamline state licensing and other procedures for foreign medical personnel, including physical therapists and occupational therapists,to help with the nation’s long-term health needs.
The report makes a compelling argument. It explains how staffing shortages lead to dire consequences for US patients and how these staffing shortages are not being served by US workers. These staffing shortages will remain for the foreseeable future, given greater demand for smaller nurse-patient ratios, a paucity of instructors, the graying of the existing workforce, and other institutional factors.
The Report details the present visa options and the failure of these options to satisfy healthcare staffing needs. The failures of the H-1B, TN, and current green card programs to adequately address these staffing shortages are fully explained in the NFAP Report. (One quibble: the Report lists the H-1C visa as "reauthorized", which it was; it subsequently expired in 2009, thus taking yet another option off of the table.)
The Report is chock full of data and should be required reading for anyone in the industry and ought to be on the desk of any Congressional staff who are looking to establish policy initiatives aimed at a significant gap in the current US immigration policy.
CONGRESS TO CONSIDER CIR (ASAP?)
November 12, 2012
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.
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.
- STEM occupations exempt from the Immigrant Visa numbers.
- Immediate relatives exempt from Immigrant Visas quotas (this could be enormous and would be responsible for slicing the immigrant visa retrogression backlogs);
- Increases the per country visa cap, thus ameliorating the Indian, Chinese, and Mexican retrogressions;
- Spouses and Children of LPRs are Immediate Relatives and therefore IV quota-free;
- Employers have affirmative obligation to report recruiters working on their behalf and can be held liable for the crimes of the recruiter;
- Before an employer can hire an H-1B worker, the employer must meet strict requirements for the recruitment of American workers. This would also likely help Healthcare Petitions since the Healthcare staffing shortages are well-documented.
DECEMBER 2012 VISA BULLETIN
November 8, 2012
The Department of State has just released the December 2012 Visa Bulletin.
Overall, the news was disappointing. India EB-2 remained at September 1, 2004. MU Law expects the India EB-2 number to move forward, although we are surprised that the progression did not happen with this Visa Bulletin. The Philippine EB-3 date was equally disappointing, progressing by only one week.
Overall, the news was disappointing. India EB-2 remained at September 1, 2004. MU Law expects the India EB-2 number to move forward, although we are surprised that the progression did not happen with this Visa Bulletin. The Philippine EB-3 date was equally disappointing, progressing by only one week.
| December 2012 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Philippines | |
| EB-2 | Current | 22OCT07 | 01SEP04 | Current |
| EB-3 | 22DEC06 | 01JUL06 | 01NOV02 | 15AUG06 |
NOW WHAT?
November 7, 2012
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.
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.
EB-2 FOR PHYSICAL THERAPISTS
November 1, 2012
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.
If the FCCPT or another credible educational evaluator findsthat the Beneficiary’s foreign education is equal to a US Masters Degree, thenthe EB-2 Petition should be approved, since all US employers effectivelyrequire an Advanced degree as their minimum requirement for entry into thepetition.
The USCIS recently addressed the applicability of FCCPTeducational evaluations:
Response: USCISconsiders FCCPT evaluations. However, these evaluations are not binding onUSCIS. USCIS will continue adjudicating these filings on a case by case basis.Whether the physical therapists are indeed eligible for EB-2 classificationdepends on the individual facts of each case.
MU Law has been working with AILA on this issue for about oneyear, helping AILA frame the issue for the USCIS. While the specific language ofthis Reply is less than ideal, we’re optimistic that the USCIS is beginning to understandthe value and credibility of an FCCPT evaluation. We expect to see more favorable evaluations forproperly prepared I-140 EB2 Petitions in the future.