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FSBPT ELIMINATING DISTINCTION BETWEEN GENERAL EDUCATION AND PROFESSIONAL EDUCATION

Starting November 1, 2014, the Federationof State Boards of Physical Therapy (FSBPT) will eliminate the distinctionbetween General Education and Professional Education.  This is a modification of the InterpretiveGuidelines for the FSBPT Coursework Tool (CWT).
The Coursework Tool accepted by allmember boards to evaluate whether a foreign educated PT or PTA’s education issubstantially equivalent to a US PT or PTA education.
FSBPT’s Board issued a comprehensivenotice letting the public know that the Board “did not approve this changelightly”.  The Board explained that theelimination of the distinction had been considered for several years and hadbeen recommended by the FSBPT’s Foreign Educated Standards Committee.  Notably, within US education and within thecriteria developed by the Commissionon Accreditation in Physical Therapy Education (CAPTE), there is no suchterm as general education.  The newpolicy does not to eliminate the required courses within General Education, butit does eliminate the artificial distinction between Professional Education andGeneral Education.
For foreign-educated PTs, this changecould be helpful.  Presently the CWTrequires 150 total credits, which is comparable to what is needed for a USpost-graduate degree.  In manyinternational PT programs these general courses are embedded into the PTprofessional courses, not completed ahead of entry. The current model would notallow the evaluator to give credit as a general course since it was taken aspart of their professional coursework.
Previously, some foreign-educated PTseducation was found to be incomparable to a US-educated because of thedistinction between Professional Education and General Education.  This resulted in some foreign-educated PTshaving to take “make-up” classes, usually from CLEP. As the Board correctly points out, “to ask an applicant to complete aprerequisite after completing professional curriculum seems counterintuitive,and sets up an unreasonable barrier to licensure.”  

AILA AUDIO CLE ON NURSES AND ALLIED HEALTH

The AILA EducationDepartment has scheduled an audio seminar for Thursday,October 9, 2014 @ 2:00 pm (Eastern Time) entitled “Petitions for Nurses andAllied Healthcare Workers.”  MU Law’s ChrisMusillo is the Moderator of this audio seminar.  Chris’ co-speakers are with Tiffany Baldwinand CarlShusterman.

The audio seminarwill include these topics:
  • H-1B for Nurses:2002 and 2014 USCIS Memorandum
  • Using Schedule Afor Nurses and Physical Therapists
  • EB-2 Considerationfor Healthcare Worker
  • USCIS Reliance onthe EDGE Database in Evaluation of Foreign Education
  • The Role of State Licensing and Credentialing in H-1B and PERM Cases
  • Drafting ImmigrantVisa Applications for Roving Healthcare Workers
  • Visa Screen: WhoNeeds It and Why?
The panel has reserved30 minutes for Questions and Answers at the conclusion of the presentation.

MASSACHUSETTS PUTS OUT THE WELCOME MAT FOR H-1B WORKERS

The State of Massachusettshas hit upon an ingenious plan to widen the path for H-1B workers and employers,asreported by CNN/Money.  By using theH-1B “concurrent” employer program and coupling it with the H-1B “cap exemption”for Universities, Massachusetts will help foreign entrepreneurs obtain H-1Bvisas to work in Massachusetts.
The plan appears towork like this: the MassachusettsTechnology Collaborative will vet prospective H-1B entrepreneurs.  When an innovative entrepreneur isidentified, the Collaborative will find a Massachusetts University to sponsorthe H-1B worker under the “cap exemption” rule. This rule says that an H-1B worker who is sponsored by a University isnot subject to the H-1Blottery. 
Because there is noset required number of hours that the H-1B worker must be employed at theUniversity, the expectation is that the H-1B worker will only work 8-10 hoursper week at the University. 
Presumably, the H-1B start-up will then sponsor the H-1B worker for a “concurrent” H-1B visa.  The H-1B employee will spend the rest of thework-week employed by the start-up. 
Without theassistance of the University, the plan would not work because the start-up’sH-1B sponsorship would normally be subject to the H-1B lottery.  The plan is an elegant and creative one todeal with an outdated H-1B cap.

There is no reason that Massachusetts has to limit this plan to entrepreneurs.  It could also be used to help fill critically short healthcare occupations.

FSBPT LAUNCHES PLAN FOR INTERSTATE LICENSE COMPACT

The Federation ofState Boards of Physical Therapy (FSBPT) is in the nascent stage of developinga Physical Therapy license compact.  FSBPT’saim is to reduce regulatory burdens by allowing cross-state practice for licensedPhysical Therapists.  The nursingprofession has had a nursing compact since 2000.  According to FSPBT, 24states participate in the nursing compact.
FSBPT’s AdvisoryTask Force hasrecommended a similar model to the nursing compact. 
The licenseeparticipant must hold one valid, current, unrestricted license his or herprimary state of residence, notify any remote states in which s/he will bepracticing and pay a fee to the remote state.

The final language isexpected to be ready for review in mid-2015. If a state wishes to participate in the PT license compact, that statewill need to pass the final language into law. This likely requires state legislative action.
FSPBT has a seriesof articlesand FAQson their webpage.

DELAYS AT THE NVC

The progression of priority datesin the recent few months has been exciting news for many, especially those EB-3applicants who have been patiently waiting for their green cards for manyyears. 
Unfortunately the unexpected progressionhas swamped the National Visa Center. The NVC is now issuing letters indicating that NVC cases will be delayedfor 60 days.  Here is an excerpt from astock form letter that our office has received in the last few days.  We have received about a dozen of theseletters.
Weare currently receiving an increased number of approved petitions from U.S.Citizenship and Immigration Services. As a result, we are experiencingincreased review times for documents received.
Weexpect it will be at least 60 days from the date we received your mail beforewe complete the review of your documents. We will notify you when we reviewyour documents.
Weare working to reduce these processing times and we appreciate your patience.

NVC FEE BILL REDUCTION

The Department ofState has just reduced the price that it charges for an immigrant visa NVC FeeBill.  The new fee is $345, which is decreaseof $60 from the old rate of $405.  It isa steep reduction from a few years ago when the NVC Fee Bill charge was $720. 

The new, lower feeis effective September 12, 2014.  Feesthat will decrease are not refundable.  Ifyou paid a visa fee before September 12, 2014 and that fee decreased, the NVCwill not issue a refund.

Many other fees associatedwith the visa process changed on September 12. Some nonimmigrant visa fees increased. For fees that will increase (nonimmigrant fees only), Visa fees paidwill be accepted 90 days after the new fees go into effect.

  • If you paid yourvisa fee before September 12, 2014, and your visa interview is on or beforeDecember 11, 2014, you do not have to pay the difference between the new andold fee amounts.
  • If you paid yourvisa fee before September 12, 2014, and your visa interview is on or afterDecember 12, 2014, you will be required to pay the difference between the oldand new fee amounts.

VISA BULLETIN OCTOBER 2014

The Department ofState has just released the October 2014Visa Bulletin.  This is the firstVisa Bulletin of the 2015 US Fiscal Year, which begins October 1, 2014.
The PhilippinesEB-3 has again had a substantial progression. It is now at October 2011, which is a four year jump in the last fourmonths.  It remains consistent with theAll Other (ROW) EB-3 date.
India EB-2 alsoremained at May 2009.  India EB-3 unfortunatelyremains stuck in November 2003.
The Chinese EB-3number continued to move dramatically and inconsistently.  It is now at April 2009.

Employment- Based
All Other
CHINA – mainland born
INDIA
MEXICO
PHILIPPINES
1st
C
C
C
C
C
2nd
C
15NOV09
01MAY09
C
C
3rd
01OCT11
01APR09
15NOV03
01OCT11
01OCT11

AILA URGES USCIS TO CLARIFY AMBIGUOUS H-1B STANDARDS FOR NURSES

The USCISissued a Memorandum in July 2014 aimed at clarifying their position on the adjudicationof H-1Bs for Registered Nurses.  The Memorandumfailed at this aim.  While it acknowledgedthat more and more employers are requiring Bachelor Degreed Registered Nurses, itfailed to give any helpful guidance to USCIS officers. 
Now AILA hasweighed in on the discussion.  Incontrast to the USCIS, AILA makes several important points.  Notably, AILA points out that the OccupationalOutlook Handbook, “does not foreclose, but in fact lends credibility to theclaim that an employer has such a requirement.” This is true because the OOH recognizes the evolving nature of theposition.
AILA also makesanother clever factual argument. 

the O*Net database provides that 66% of employer respondentsrequire an associate’s degree, while 23% require a minimum of a bachelor’sdegree as an entry level credential for a registered nurse position. Therefore,23% of employers should be able to demonstrate to the satisfaction of USCISthat a nurse is a specialty occupation.
Adding to the problem,it appears that the link to the USCIS’ July Memorandum has disappeared.  Fortunately, we have preserved acopy on our DocStoc page.

US PT SHORTAGE IS GROWING

The Physical Therapyjob market has long been predicted to be an area ripe for US laborshortages.  The 2014 Occupational OutlookHandbook projectsthat employment of Physical Therapists is expected to grow by 36 percentthrough 2022, which is “mush faster than the average for all occupations.”

The ConferenceBoard’s new study FromNot Enough Jobs to Not Enough Workers now reports that aging populationswill cause even greater shortages than originally predicted in three targeted industries.  In a surprise to no one, healthcare is one ofthese three targeted industries. 

The pressrelease from the study says that:

Health-relatedoccupations. The same aging of the U.S. population that will curtailworking-age population growth to as low as 0.15 percent by 2030 is also drivingup demand for medical workers. At the same time, high education and experiencerequirements limit entry into the job market. The result is a dearth in manyhealthcare professions, including occupational therapy assistants, physicaltherapists and therapist assistants, nurse practitioners and midwives, anddental hygienists. Among doctors, optometrists and podiatrists are thespecialists most at risk of shortage, with the general physicians and surgeonscategory not far behind.
The study has beencited in the WallStreet Journal, BloombergBusinessweek, and PTin Motion.

MU LAW FREE CLIENT CONFERENCE CALL

Musillo Unkenholtwill hold a free teleconference on Wednesday September 17, 2014 at 3PM ET / 12noon PT.  All clients and friends of thefirm are encouraged to dial-in to the call. If you would like to register for the call, please send an email to:Annalisa@muimmigration.com.
The agenda for theteleconference includes:
* H-1B onboardingstarts Oct 1: What do employers need to do to stay compliant?
* When does my H-1Bworker have to start working?  The 30/60day rule.
* When do I have tostart paying an H-1B worker’s salary?
* Form I-9compliance
* E-Verifycompliance
* Managing SocialSecurity number issues.
* HandlingProfessional licensure issues.
* Working with theConsulate for H-1B Visa Issuance.
* H-1B cap 2014final numbers and projections for 2015.
* What Congress andPres. Obama are expected to do in 2014 in employment-based immigration.
Please contact yourMU immigration attorney if you have any questions about this MU Visa Advisor orany other immigration issue.
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Musillo Unkenholt LLC is a full-service immigration law firm headquartered in Cincinnati, Ohio, serving clients throughout the United States and the world.

Our attorneys have vast experience in an array of immigration processes.

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