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THE DEATH OF S.744

The internetis abuzz with reportsthat John Boehner and the House Republicans are in the process of drafting their“principles of immigration reform.”  Adocument that purports to outline the GOP’s position on all facets of the immigrationdebate: border security, legalization of the undocumented, modernization of quotasand caps, enforcement, and employment verification. 
The release of the “principles” isthe eulogy for lastsummer’s Senate Comprehensive Immigration Reform bill, Senate Bill744.  That bill was the result ofbrokering by Senate leadership from both Republicans and Democrats.  Despite the bipartisan nature of the bill itnever was seriously considered by the House – mainly because conservative andtea party House members thought that S.744 was too lenient on punishment forthe undocumented.  The Senate Bill calledfor a minimum of 13 years before citizenship. 
Conservative Republicans other problemwith S.77 was they wanted a secure southern border before any materiallegalization program.  It seems thatfully securing the 2,000 southern border is an impossibility without a massiveexpenditure.

House Maj. Leader Boehner (R-OH) isexpected to release the “principles of immigration reform” in advance of thePresident’s January 28, 2014 State of the Union address.  These two issues – security on the southernborder and legalization — are the key ones to look for in the Republicans “principlesof immigration reform” release.  If theGOP really wants immigration reform in 2014 these two issues will be raised ina way that allows for a compromise with Democrats.  On the other hand if the “principles of immigrationreform” contains unrealistic security aims and onerous legalization pathways,then prospects of immigration reform in 2014 will suffer the same fate asS.744.

2014 NPTE EXAM DATES

With the New Yearupon us, MU Law reminds readers to schedule their 2014 Physical Therapy NPTEexams.  
Keep in mind thatthe FSBPT uses a fixed-date testing process.  The FSBPT approach isdifferent than other healthcare occupation’s examination processes,which allows for rolling testing dates. FSBPT believes that their fixed-datetesting system provides the most secure exam for their industry.
Be sure to registerwell in advance in order to insure that your seat is reserved.

Test Date
Registration Payment Deadline
Jurisdiction Approval Deadline
Seats are reserved for PT candidates until:
Scores Reported to Jurisdictions
January 29, 2014
December 23, 2013
Jan. 2, 2014
January 15, 2014
February 5, 2014
April 30, 2014
March 26, 2014
April 2, 2014
April 16, 2014
May 7, 2014
July 22&23, 2014
June 17, 2014
June 24, 2014
July 8, 2014
July 30, 2014
October 29, 2014
Sept. 24, 2014
Oct. 1, 2014
Oct. 15, 2014
Nov. 5, 2014

FEBRUARY 2014 VISA BULLETIN

The Department of State has just released the February 2013 Visa Bulletin.  This is the fifthVisa Bulletin of the 2014 US Fiscal Year, which began on October 1, 2013.  

The All Other Countries EB-3 date jumped yet again.  It has now moved almost two years in the last few Visa Bulletins.   

The Chinese EB-2 and EB-3 continued to be flipped: the Chinese EB-2 is worse than the Chinese EB-3, which means that Chinese EB-3s are processing faster than Chinese EB-2s.  Chinese nationals who are EB-2 may be able to file an EB-3.  Chinese EB-3s should check with their attorneys to effect this change.

Unfortunately India EB-2 and India EB-3 remained stuck.  India EB-2 and EB-3 have not moved in several months.

The Philippine EB-3 did advance another 8 weeks.  This is the second notable movement for Philippine EB-3 in the last two Visa Bulletins.

Here is this month’s complete chart:

February 2014 Visa Bulletin 
All Other Countries
China
India
Mexico
Philippines
EB-2
Current
 08JAN09

15NOV04
Current
Current
EB-3
01JUN12
 01JUN12

01SEP03
01JUN12
15APR07

USCIS TELECONFERENCE CENTERING ON H-1B AND SCHEDULE A FOR NURSES

The USCIS hasannounced a free teleconference to provide feedback on H-1B nonimmigrantworkers and Schedule A immigrant workers, specifically nurses.
The teleconference is designed to allow a newly assembled team of USCISgovernment immigration experts to explore how it can “enhance clarity and consistency in health care adjudications, focusing on thenursing industry.” 
The team of USCIS government immigration experts is modeled on the USCIS’ Entrepreneursin Residence program.  The EIRprogram brought together private sector entrepreneurs together with USCISimmigration experts with the goal of producing clear policies that are consistentwith business realities.

To register the session, visit USCIS’ registrationpage.

CAN JOHN BOEHNER LEAD ON IMMIGRATION IN 2014?

The best chance for Comprehensive Immigration Reform in manyyears was squandered in 2013.  Anexciting spring led to a successfulbipartisan Senate Bill 744 in June. That bill was never seriously considered by the House.  Tea Party Republicans effectively heldcontrol of the Republican Party’s majority power and refused to allow CIR tocome to a vote in spite of Majority Leader John Boehner (R-OH) interest in animmigration bill.

The Tea Party wing may have overplayed its hand in October’sbudget battle that shut down the federal government.  After several weeks both parties’ centristswrestled control back from the extremists and compromised on a bill to end thegovernment shut-down.  The wrestling backof control may have signaled that the centrists are ready to lead.  If so, Comprehensive Immigration Reform mayonce again be targeted as the type of policy that both parties can getbehind. 
Most significantly, Maj. Leader Boehner hired Becky Tallent in December 2013.  Ms. Tallent is a long-time advisor to Sen.John McCain (R-AZ) who has repeatedly made reform the United States’immigration laws a priority.  Reportedly, Ms. Tallent’s hire wasmade because of Rep. Boehner’s desire for an immigration bill. 

CGFNS: 40% OF FENs PERCEIVE DISCRIMINATION

CGFNS has co-authored a significantstudy, Perceptionsof Employment-Based Discrimination among Newly Arrived Foreign Educated Nurses. The study was conducted by CGFNS andGeorge Washington University and funded by a grant from the MacArthurFoundation. 

The CGFNS press release implies thatthe study’s findings are based on FENs perceptions of America.  It does not appear that the study actuallyfound that 40% of FENs are discriminated by US employers, which is asignificant difference and one that may be addressed in the full article thatis to be published in the January 2014 American Journal of Nursing, Vol. 114,No. 1.
___

On a somewhat related note, DonnaRichardson, longtime CGFNS Director of Governmental Affairs and ProfessionalStandards, has announced her retirement. Chris Musillo and Cindy Unkenholt have both sat on panels with Donna andhave worked with her throughout her entire run at CGFNS.  She was also quick to help with problematicmatters and quicker with a smile.  MU Lawwishes her the best in her next phase of life. She will be missed.  

PHILIPPINE GOVT REQUESTS TPS

Philippine Foreign Affairs SecretaryAlbert F. del Rosario hasformally requested the United States Government on Friday, December 13, todesignate the country under Temporary Protected Status (TPS).  TPS will allow eligible Filipinos to stay andwork in the US in order for them to assist in the country’s continuing recoveryefforts after Super Typhoon Yolanda (Haiyan) devastated parts of thePhilippines. 

The US government may take some timeto evaluate the request.  Even if the USgovernment approves the TPS request, an applicant will need to prove that theyhave suffered hardship as a result of the Super Typhoon.  If the applicant proves hardship he isallowed to stay in the US and granted work authorization.
The TPS  for Haitian nationals isillustrative.  Haiti suffered a massiveearthquake in January 2010.  The USgranted TPS for Hatian nationals who could prove that they have suffered aneconomic hardship as a result of the earthquake. 

JANUARY 2014 VISA BULLETIN

The Department of State has justreleased the January 2013Visa Bulletin.  This is the fourth Visa Bulletin of the 2014 US FiscalYear, which began on October 1, 2013.  

The All Other Countries EB-3 date jumped again.  It has now moved 19 months in the last two calendar months.   The Chinese EB-2 and EB-3 continued to be flipped: the Chinese EB-2 is worse than the Chinese EB-3.  Chinese nationals who are BE-2 may be able to file an EB-3.  Chinese EB-3s should check with their attorneys to effect this change.

Unfortunately India EB-2 and India EB-3 remained stuck at the same dates from the December 2013 Visa Bulletin.  The Philippine EB-3 did advance 5 weeks.
Here is this month’s complete chart:

January 2014 Visa Bulletin
All Other Countries China India Philippines
EB-2 Current 08DEC08 15NOV04 Current
EB-3 01APR12 01APR12 01SEP03 15FEB07

AN ACCOUNT OF IMMIGRATION REFORM

MU Law’s Maria Schneider was recently published in the Cincinnati Bar Association’s (CBA) Report.  Ms. Schneider’s article, An Account of Immigration Reform, was featuredon the cover of this month’s issue of the Report and concerns comprehensiveimmigration reform.  

In the article Ms. Schneider outlines several groups vying for priority consideration in areformed immigration system and questions which of these groups should be givenpreference for entering the US.  She concludes by asking the key question: Who gets in?

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