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Healthcare Blog

MANILA VISA REISSUANCE PROGRAM

The US Embassy at Manila just has announced the establishment of a Non-Immigrant Visa Re-issuance program. The purpose of the program is to allow some applicants an expedited visa issuance process if they have previously held the visa that they are seeking to extend.

If one qualifies for the program, an applicant needs only to schedule an appointment, appear at the Embassy at the appointed time, and then have the application screened and give 10-print finger scans. The applicant will not have to participate in an interview.

At this time it does not appear that the VRP will be available to H-1B holders because of a condition that one did not stay in the US for more than 6 months. Here is the full list of conditions:

1. I am a Philippines passport holder.

2. I have previously been issued, in Manila, a full-validity visa (a visa good for five or ten years).

3. My visa is still valid... or it has expired within the last twelve months.

4. I have in my possession all of my passports covering the entire period of time since I received that full-validity visa.

5. I have not been refused a U.S. visa in the last twelve months.

6. My visa is not annotated "clearance received".

7. I have not ever stayed in the U.S. longer than 6 months (even if the Department of Homeland Security approved the extension of stay).

8. I have not ever been arrested or convicted for any offense or crime, even if subject of a pardon.

9. I can provide the visa control number from my visa (located in the upper right hand corner of the visa).

MU LAW AND THE PNAA – 2011



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.

MU Law is honored to be associated with such a great organization. Visit the MU Law Facebook page for more photos of this event.

AUG 2011 VISA BULLETIN

The Department of State has just released the August 2011 Visa Bulletin. Each category was promoted about one month.



Aug 2011 Visa Bulletin
All Other CountriesChina IndiaMexico
EB-2Current 15APR0715APR07Current
EB-301NOV0508JUL0401JUN0201NOV05



MU ATTORNEYS TO SPEAK AT IACC

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.


USCIS OMBUDSMAN REPORT

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.

H-1B CAP ONLY AT 17,400

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.


POEA AND MANILA EMBASSY MEET TO DISCUSS FRAUD

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.

JULY 2011 VISA BULLETIN

The Department of State has just released the July 2011 Visa Bulletin. The Chinese and Indian EB-2 categories had notable progress, each jumping 6 months. On the other hand, the EB-3 categories had very little progress from last month.


July 2011 Visa Bulletin
All Other CountriesChina IndiaMexico
EB-2Current 08MAR0708MAR07Current
EB-308OCT0501JUL0401MAY0201JUL05



US HEALTHCARE SECTOR GROWING SIGNIFICANTLY

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, 2010June 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.