Health Care Blog

The Fiscal Year 2012 (FY2012) H-1B cap season began on April 1, 2011. Since April 1, a mere 25,300 H-1B cap-subject Petitions have been receipted by USCIS as of August 12, 2011. This is much lower than in recent years and likely reflects the fact that US employers are not hiring workers, including foreign-national workers.

To put this in perspective, in FY 2011, which began April 1, 2010, the USCIS has receipted about 30,000 H-1Bs through August 1, 2010. In FY 2009, there was about 47,000 H-1Bs receipted in by USCIS through September 1, 2009. For the prior three fiscal years (FY 2006-08), the H-1B cap was reached on the very first day of filing.

Many healthcare professions ordinarily qualify for H-1B status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing positions.

For three years the H-1B demand has decreased. This is compelling evidence that H-1B workers are not used to drive down US worker’s wages. If H-1B workers were used to drive down wages, H-1B demand would remain consistent in a decreasing economy, since US employers would still want to save money on salary expenses.

The National Board for Certification in Occupational Therapy (NBCOT) has announced that starting July 1, 2013, internationally educated occupational therapists will have new minimum educational standards to be eligible for the OTR Certification Exam. Internationally educated occupational therapists must either:

• Completion of an Entry-Level Bachelor’s Degree in Occupational Therapy from a government authorized and/or WFOT approved college or university occupational therapy educational program AND a Post Professional Masters Degree in Occupational Therapy OR
• Completion of an Entry-Level Master’s Degree in Occupational Therapy from a government authorized and/or WFOT approved college or university occupational therapy educational program

NBCOT’s Occupational Therapist Eligibility Determination (OTED) will be used to determine comparability to US accreditation occupational therapy educational standards and competencies. All internationally-educated occupational therapists approved for exam eligibility under current OTED eligibility standards must take and pass the OTR certification examination prior to July 1, 2013 if they do not hold an occupational therapy master’s degree deemed comparable to a U.S. entry-level accredited master’s degree in occupational therapy. After July 2013, internationally-educated occupational therapists will not be eligible for the OTR if they do not hold a US equivalent occupational therapy master’s degree.

NBCOT is the not-for-profit credentialing agency that provides certification for the occupational therapy profession.

For the last two years, MU Law has sponsored the Philipine Nurses Association of America’s 5K fun run at their Annual Convention. This year’s Convention and fun run was in San Francisco.

Chris Musillo and Cindy Unkenholt are the featured speakers at the Indian American Chamber of Commerce’s July meeting. Chris and Cindy will be speaking on employment-based immigration. If you are in Cincinnati and interested in attending, please visit the IACC webpage.

The USCIS Ombudsman is tasked with monitoring USCIS practices and recommending improvements to USCIS practices. Annually the USCIS Ombudsman produces a report. In early 2009, the Ombudsman made specific recommendations to the USCIS in order to enhance the processing of Schedule A green card applications. Schedule A, which provides an expedited green card application process, is limited to registered nurses and physical therapists.

The Ombudsman’s latest report has just been released. The Report contains many suggestions for improvement of USCIS processes and procedures. While MU has not fully read and considered all of the Ombudsman’s recommendations, one item did catch our eye.

In addition to other outreach initiatives, the Ombudsman’s Office will host its first annual conference on October 20, 2011. This conference is expected to provide an opportunity for government and private sector leaders to come together to discuss immigration issues that impact individuals and employers. MU commends Director Mayorkas, Ombudsman January Contreras, and their team for their continued dedication to outreach with US employers and other immigrant stakeholders.