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HEALTH AFFAIRS NOTES THE NEED FOR FOREIGN TRAINED HEALTHCARE WORKERS


The extensively researchedarticle explains the substantial size of foreign-born healthcare workers in theUnited States.  The Abstract to thearticle explains that the authors:

Review the distribution of these workers and their countries oforigin, and we summarize the literature concerning their contributions to UShealth care. We also report on these workersexperiences in the United States and theimpact their migration has on their home countries.

Finally, we present policy strategies to increase the benefitsof health care worker migration to the United States while mitigating itsnegative effects on the workershome countries.

The author’s strategies include:

attracting more people with legal permanent residency statusinto the health workforce, reimbursing home countries for the cost of educatinghealth workers who subsequently migrate to the United States, improvingpolicies to facilitate the entry of direct care workers into the country,advancing efforts to promote and monitor ethical migration and recruitment practices,and encouraging the implementation of programs by US employers to improve theexperience of immigrating health workers.

The article is a must-read for those who are serious about attendingto US health care worker supply shortages.

H-1A REGULATIONS FORMALLY RESCINDED

File this blog entry under thecategory of “of no value to anyone but historians and regulatory completists”. 
The H-1A was a nurse-specificnonimmigrant visa category in the 1990s. Congress failed to extend the H-1A in 1997 and the last H-1A nurse visaexpired in 2000.  The H-1A law was formally repealed by Congress in 1999 in Sec. 2(c) ofthe Nursing Relief for Disadvantaged Areas Act of 1999, Public Law 106-095, 113Stat. 1312, 1316.

Forreasons that must be clear to someone but are lost on me, the Department of Laborformally rescindedsome of the underlying H-1A regulations on November 20, 2013.  To give you an idea of how far the H-1A hasfallen on everyone’s radar screen, the H-1A was not even considered in thisJune Comprehensive Immigration Reform bill.

AILA ASKS FOR AOS DENIED FOR LACK OF A VISA SCREEN

AILA TSC Liaison Committee is seekingexamples of healthcare worker adjustment of status cases denied on the groundsthat no visa screen was included at the time the adjustment was filed. Pleasesend a brief description of the case along with a copy of the denial to reports@aila.org,with “Visa Screen Denial” in the subject line.

USCIS: IMMIGRATION RELIEF FOR SEVEN CATEGORIES OF FILIPINOS

The USCIS has announced that Filipino nationals who are impactedby Typhoon Haiyan maybe eligible for certain immigration relief measures:

1.  Change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;

2.  Extension of certain grants of parole made by USCIS;
3.  Extension of certain grants of advance parole, and expedited processing of advance parole requests;
4.  Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
5.  Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs);
6.  Expedited adjudication of employment authorization applications, where appropriate; and
7.  Assistance to LPRs stranded overseas without immigration or travel documents, such as Permanent Resident Cards (Green Cards). USCIS and the Department of State will coordinate on these matters when the LPR is stranded in a place that has no local USCIS office.

Philippine nationals should note that these provisions donot grant any extra rights or paths to those in the Philippines who may have beenharmed as a result of the Typhoon.  Theserelief measures are limited to the seven situations described above. 

TYPHOON HAIYAN RECOVERY DONATIONS

Typhoon Haiyan (Typhoon Yolanda inthe Philippines) was devastating to the Philippines.  Thousands are feared dead and countlessothers have been injured.  By any measureTyphon Haiyan was one of the worst natural disasters in human history.  If you would like to donate to help the victimsof Typhoon Haiyan here are organizations that are helping.  Please take a minute and consider donating.
Doctors Without Borders: DWB’s work isbased on the humanitarian principles of medical ethics and impartiality. Theorganization is committed to bringing quality medical care to people in crisisregardless of their race, religion, or political affiliation. 
Oxfam:Oxfam aid teams areon the ground in the Philippines and reporting urgent needs of food, cleanwater, medicine and shelter.
Global Red Cross: The global Red Crossnetwork is responding to emergency needs in the Philippines with food, water,and relief supplies, and the American Red Cross is lending people, expertiseand equipment to this massive effort.

DECEMBER 2013 VISA BULLETIN

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

The All Other Countries EB-3 date jumped a full year to October 1, 2011.  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 the Philippine EB-2 and EB-3 barely moved.   Philippine EB-3 did get into 2007.India EB-3 actually retrogressed further back a few weeks. India EB-2 dropped all the way back to Nov 15, 2004. 

The Visa Bulletin contained these projections for the next few months: 

Visa Availability in the nextcoming months.

Employment First:  Current

Employment Second:
Worldwide:  Current
China:  Three to five weeks 
India:  No forward movement

Employment Third:
Worldwide:  This cut-off date has been advanced extremely rapidly duringthe past seven months in an effort to generate new demand.  As the rate ofapplicants who are able to have action on their cases finalized increases, itcould have a significant impact on the cut-off date situation.  The rapidforward movement of this cut-off date should not be expected to continue beyondFebruary.
China:        Expected toremain at the worldwide date
India:        No forwardmovement
Mexico:       Expected to remainat the worldwide date

Philippines:  Three to six weeks

Here is this month’s complete chart:


December 2013 Visa Bulletin
All Other Countries China India Philippines
EB-2 Current 08NOV08 15NOV04 Current
EB-3 01OCT11 01OCT11 01SEP03 08JAN07

DECEMBER 2013 VISA BULLETIN PREDICTIONS

AILA has just reported that theDepartment of State’s Charlie Oppenheim spoke to the AILA Washington D.C.Chapter dinner. While his statements are not official, Mr. Oppenheim is oftencorrect with his predictions.   
  • The India EB-2 cutoff date is expected to retrogress fromJune 2008 (which is what it is in the November 2013 Visa Bulletin) to 2004 or2005 in December 2013. This is due in large part to Indian nationals”upgrading” from EB-3 to EB-2.
  • IndiaEB-3 will continue to move very slowly.
  • WorldwideEB-2 is expected to remain current.
  • WorldwideEB-3 could move up to 2011 in the December Visa Bulletin.
  • WorldwideEB-1 is expected to remain current.
  • ChinaEB-2 will continue to move slowly.
  • China EB-3 is expected to continue to be ahead of a China’sEB-2 priority date.  

PERM FILINGS IN THE WAKE OF THE iCert BLACKOUT

Last month’s government shutdownmade it impossible to file PERM Applications. The problem has continued into November, as the iCert portal has beeninundated with a large volume of filings. The Department of Labor fortunately has issued a blog posting explaining thatEmployers and Employees will not be prejudiced.

According the blog posting, any PERMfiling on or before November 14, 2013 will be considered timely filed even ifthe PWD or recruitment has nominally expired.  The iCert system will warn the user that theapplication contains information that will cause the application to be denied,but such an application will not be denied for this reason.  This accommodation applies only to PERM applications that had timely recruitment or prevailing wage determinationsduring the shutdown period and are now unsuitable for filing due to expiredrecruitment or prevailing wage determinations.

Similarly, any response due to the DOLbetween October 1 -18, 2014 will be deemed timely filed if received at the DOLprior to November 14, 2013.

The DOL blog posting also notes thatany document that was filed with their office between October 1 – 18, 2013 willbe given a receipt date of October 18, 2013. Since October 18, 2013 is before November 14, all of these documents arealso timely.

BOO-SILLO UNKENHOLT

Every year our office transforms for a few days from Musillo Unkenholt to Boo-Sillo Unkenholt.  Check out our Facebook page to see more pictures of our Halloween-themed office.

IS CIR ALIVE OR DEAD?

Withthe government shutdown ended, the conventional wisdom is that the RepublicanParty’s strategy backfired.  The RepublicanParty’s approvalratings have plummeted with the American public.   

Moremoderate forces, suchas Reps. Mario Diaz-Balart (R-FL), Paul Ryan (R-WI), and Eric Cantor (R-VA)think ComprehensiveImmigration Reform may be the way for the Republicans  to stop the falling polling numbers

Thepolitics on this will be the key.  On onehand, this may be Maj. Leader John Boehner’s (R-OH) last chance to salvage hislegacy.  On the other hand, a substantialrift has developed within the GOP ranks. Tea Party members, whose unofficial leadership includes Sen. Ted Cruz(R-TX) and Sen. Mike Lee (R-UT), contend that the shutdown strategy waseffective and likely will not seek to compromise on immigration reform.  One interesting development may be that whileSen. Cruz remains popular, Sen.Lee’s own ratings have plunged.  Hisfellow Utah Senator, Orrin Hatch (R-UT), has refusedto endorse him for re-election.

TheDemocrats seem like they are ready to deal. If Pres. Obama and the Democratic leadership can get a compromise on immigrationit would cement two of Pres. Obama’s prime domestic policy aims.  The next few weeks will be important.  No pundits believe that a ComprehensiveImmigration Reform bill that drags into 2014 has much of a chance at survival.

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