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The PWD is a mandatory part of the immigrant visa process (permanent residency or green card). While employers must still pay a prevailing wage in the nonimmigrant process (e.g. H-1B), it is not a mandatory part of the nonimmigrant process; employers are afforded safe harbor benefits by using the PWD process in nonimmigrant matters.

The present PWD process is straightforward. Employers (or their attorneys) file a PWD with the State Workforce Agency (SWA) that controls the worksite. This has not been ideal. Different states have different processing times, different forms, and different processes. For many years the DOL has contemplated a centralized program.

PWDs will be submitted directly to the new National Prevailing Wage and Helpdesk Center (NPWHC) in Washington D.C. starting January 1, 2010. This should improve the process by adding consistency and uniformity.

The new PWD is the Form ETA-9141, the Application for Prevailing Wage Determination. The PWD must be sent by mail or delivery service to: U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center, Attn: PWD Request; 1341 G Street, NW., Suite 201, Washington, DC 20005- 3142.

The DOL indicated that it is developing an on-line PWD, but it did not commit to a date when the on-line PWD will be available. It is expected that until the on-line Form is ready, the PWD process will slow, perhaps quite considerably if past history is any guide. This is especially disheartening for green card cases, whose processing times have dramatically risen in recent years.

MU is predicting that the H-1B cap will be reached in the next 2 weeks, perhaps sooner. Accordingly all MU clients are encouraged to send us their H-1B cap-subject filings ASAP.

USCIS then adds back any unused Singapore and Chile H-1B1 visas. In most years, this is 6,500+ visas. In other words there are only a few hundred Singapore/Chile H-1B1s used every year. So then we add 57,800 + 6,500 and this means that the actual H-1B cap is around 64,000 H-1Bs.

International workers who are working here in the U.S. on an H-1B visa with another cap-subject employer are not subject to H-1B cap. These cases are commonly referred to as “transfer” cases and may be filed at any time throughout the year.

Many healthcare professions ordinarily qualify for H-1(b) status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing jobs.

From USCIS:

As of November 27, 2009, approximately 58,900 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

The full press release is available on CGFNS’ website.

Employees that may need an H-1B visa include:
– International students working on an EAD card under an OPT or CPT program after having attended a U.S. school;
– International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case;
– Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1;
– H-1B workers with a cap exempt organization; and

International workers who are working here in the U.S. on an H-1B visa with another cap-subject employer are not subject to H-1B cap. These cases are commonly referred to as “transfer” cases and may be filed at any time throughout the year.

Many healthcare professions ordinarily qualify for H-1(b) status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing jobs.

From USCIS:

As of November 20, 2009, approximately 56,900 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

While the H-1C program could be an excellent visa option for some, legacy regulation and interpretation has limited the application of the H-1C to just 14 facilities in the United States. While the H-1C expiration may be devastating for these 14 facilities, it will have no effect on any other facilities in the United States.

Nevertheless there has been some skepticism about whether CIR will ever be introduced. Some, like Rep. Gutierrez are getting anxious.

This week we saw the best indication that CIR is still on schedule. In prepared remarks to the Center for American Progress, DHS Secretary Napolitano said,

“the President continues to be fully committed to reforming our immigration laws, and why he asked me to take a lead role in this effort.”

Sec. Napolitano’s plan calls for a “three-legged stool”. She continued,

“Let me be clear: when I talk about “immigration reform,” I’m referring to what I call the “three-legged stool” that includes a commitment to serious and effective enforcement, improved legal flows for families and workers, and a firm but fair way to deal with those who are already here.”

Legal changes to employment-based immigration, including improved legal flows for workers, is the only way that Schedule A visa reform can happen. We’ve seen a few indications that CIR is still set to move early next year. The Secretary’s remarks are the clearest indicated yet.

The December 2009 Visa Bulletin has no change in any Employment Based Visa Category, except for a slight uptick in India EB3. In the November 2009 Visa Bulletin showed 22APR01. It moved a week.

EB1: All Current
EB2: All Current, except China (01APR05) and India (22JAN05)
EB3: All 01JUN02, except India (01May01).

The one silver lining may be that, unlike in November 2009, the December 2009 did not include an explanation in the bulletin for the lack of progression in the dates. Here is November’s explanation:

E. EMPLOYMENT PREFERENCE VISA AVAILABILITY
The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.

Today’s Prescriptions’ post highlights that Nurse Practitioners will surely be a growing field in the US. As noted in the NYT blog, “the American Academy of Family Practitioners projects a shortfall of 40,000 physician generalists — family practitioners, pediatricians, general internists and geriatricians — by 2020, even without significant changes to the current health care system.” Other graduate level nursing education is also likely to be in greater demand in the next decade.

Because of this demand, and because of the relatively easy H-1B nonimmigrant visa option for Advance Practice Nurses, the safest path to US immigration is to obtain Advance Practice Certification. For staffing companies and recruiters, Advance Practice Nursing is the next need.

The USCIS has reported a jump in cap-subject approvals in October. As of October 30, 2009, approximately 53,800 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption have been filed. The Masters quota cap effectively has been reached, although a few “extra” numbers may be released if the USCIS denies some pending Masters cap-subject cases.

Also, the USCIS just has announced that it will continue to accept the old Form G-28.