Health Care Blog

The Fiscal Year 2012 (FY2012) H-1B cap season began on April 1, 2011. Since April 1, a mere 17,400 H-1B cap-subject Petitions have been receipted by USCIS as of June 24, 2011. This is much lower than in recent years and likely reflects the fact that while the US economy has improved in the recent months, it is not nearly as robust as it was in the middle part of the last decade.

To put this in perspective, in FY 2011, which began April 1, 2010, the USCIS has receipted about 30,000 H-1Bs through July 1, 2010. In FY 2009, there was about 45,000 H-1Bs receipted in by USCIS through July 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 should put paid to the idea that H-1B workers are 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.

The Fraud Prevention Unit of the US Embassy along with representatives from the POEA recently held a Conference on Fraud Prevention and Protection of foreign workers. The June 10, 2011 meeting was held at the Hyatt Hotel in Manila.

The POEA sought and continues to seek to educate Philippine workers about their rights and to combat illegal recruiting.

The US Embassy in Manila has announced the William Wilberforce Act Tagalog version. The act requires that people are made aware of their immigration rights.

Importantly the US officials also discussed their review standard before visa issuance. They reminded attendees that USCIS approval of the I-129 does not guarantee H-1B workers a visa. Before the H-1B visa is issued the Embassy reviews each case to insure that there is a bona fide job opportunity.

The U.S. Bureau of Labor Statistics’ (BLS) has just reported that the employment numbers in the healthcare sector continue to defy the overall US economy. Hospitals and other healthcare employers have been adding an average of 24,000 jobs per month from June 1, 2010 – June 1, 2011.

Nursing is the largest employment segment of the healthcare sector. While the nursing shortage abated between 2008 and 10, the BLS still projects nursing to be the shortest occupational classification in the foreseeable future, as do private foundations.

For instance, the Robert Wood Johnson Foundation’s Institute of Medicine released its report on The Future of Nursing in October 2010. The report called for increasing the number of baccalaureate-prepared nurses in the workforce to 80% and doubling the population of nurses with doctoral degrees.

Foreign-trained nurses are almost always baccalaureate-prepared and will necessarily have to be a component of any increase in US nurse supply. While no one wants foreign nurses to take US nurses’ jobs, the numbers plainly show that foreign nurse recruitment must be increased or else US patient’s care will be compromised.

FSBPT has scheduled an NPTE Summit to focus on policy implications for PT licensure in light of recent NPTE security breaches. FSBPT seeks to create a set of recommendations to the FSBPT board of directors about the testing process and to develop a preliminary communication strategy of the recommendations to members and stakeholders.

Expected attendees include jurisdiction members and administrators, FSBPT committee members and representatives of APTA’s board and staff, Academic Council, Student Council, PTA Caucus and Prometric. The AAIHR should also be in attendance.

The NPTE Summit is scheduled for July 29-31, 2011 in Dallas, Texas.

Two recent bills have been introduced in the US Congress, both of which purport to ease the immigration process for healthcare professionals.

HR 1929 has been introduced by Rep. James Sensenbrenner (R-WI). Rep. Sensenbrenner has long been harsh on legalization of the undocumented, but sensible on immigration for professionals. Rep. Sensenbrenner has submitted versions of HR 1929 in past Congressional sessions, although none have ultimately become law. Rep. Jared Polis (D-CO) is a co-sponsor of the bill.

HR 1929 calls for 20,000 immigrant visas to be issued to Registered Nurses. Nurse’s immediate families would also get immediate immigrant visas, but they would not count against the 20,000 quota. In order to use these special visas, employers would be charged an additional $1,500, which would go to funding US nursing programs. These visas also would be available for Physical Therapists. This bill is very similar to several prior bills, notably the Schedule EX visa in the mid-2000s that allowed a one-time visa quota of 50,000 visas for nurses and their families.

While MU applauds the introduction of HR 1929, we expect that the bill will not be enacted into law.

HR 1933 has been introduced by Rep. Lamar Smith of Texas. Like Rep. Sensenbrenner, Rep. Smith has long been harsh on legalization of the undocumented, but sensible on immigration for professionals. Rep. Smith’s bill calls for the revival of the H-1C program. The H-1C program had been around since the mid-1990s and allowed 14 special hospitals the opportunity to employ nurses. These 14 hospitals are mainly in Texas, which explain Rep. Smith’s sponsorship. The H-1C expired in December 2009 and was not reenacted.

MU is in favor of passage of HR 1933, but we are also skeptical that the bill can become law.

FSBPT has set the NPTE Exam test dates for 2012. FSBPT established a uniform testing policy after it found evidence of testing breaches. In response to testing breaches, FSBPT first sought to establish a separate but equal NPTE exam for graduates of Philippine, Egyptian, Indian, and Pakistani schools.

A Georgia court ruled that the FSBPT’s plan was invalid under law and recently settled the lawsuit with the Georgia plaintiffs. The fixed-date testing program was the outcome of the lawsuit.

The 2012 testing dates are:

January 30, 2012

March 29, 2012

July 2, 2012

July 31, 2012

October 23, 2012

Musillo Unkenholt LLC is proud to be a Gala sponsor at tonight’s First Anniversary Gala Celebration for the Indian American Chamber of Commerce – Greater Cincinnati and Northern Kentucky.

In addition to Musillo Unkenholt, Gala sponsors include US Bank, University of Cincinnati Health, Fifth Third Bank, Anthem Health, PNC Bank, Cincinnati Children Hospital, and a dozen other local Cincinnati businesses.

The event features comedian Rajiv Satyal, as the Master of Ceremonies, traditional Indian dance groups, business leaders and other dignitaries.

On Tuesday President Obama is expected to make a major immigration speech at the US-Mexican border town of El Paso, Texas. That the speech is taking place in El Paso speaks volumes about the US’ immigration policy; the debate on the undocumented overwhelms any other immigration issues that this country has.

The need for healthcare workers in this country is about to explode. Both private and public economic forecasters predict that the jobs that grew in the 2000-10 decade will be the jobs where growth is seen in the 2011-20 decade. The Department of Labor says that these are largely healthcare jobs. It will be telling if the President tries to position legitimate immigration alongside his enforcement aims.