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NBCOT / OTED FILING DEADLINES

Occupational Therapist candidates are reminded that the filed of Occupational Therapy raised its minimum educational standard on January 1, 2013.  All applications that are postmarked after January 1, 2013 can only be filed by Masters Degree prepared OTs.  

The NBCOT reminds applicants that starting July 31, Occupational Therapy Education Determination (OTED) applicants who do not hold a master’s degree in Occupational Therapy will be deemed incomplete

Anapplication is deemed incomplete when one or more of the documentationrequirements remains outstanding:

•Official FinalTranscript
•Official coursedescriptions and course syllabi with date of degree completed on syllabi
•Verification ofAcademic Credential Form
•Program DirectorForm
•Verification ofOT License, Registration, Certification or Other Form of OfficialGovernment Recognition Request form

NEW CONSULAR PROCESS FEE

There is a newfee of $165.00 for Consular Processed Immigrant Visa (green card)appointments, effective February 1, 2013.  This fee will not apply toI-485, Applications for Adjustment of Status. Applicants will pay online through the USCIS website after they receivetheir visa package from Department of State and before they depart for theUnited States.
The DOS will provide applicants with specific information onhow to submit payment when they attend their consular interview. The new fee isin addition to NVC fees charged by DOS associated with an individual’simmigrant visa application.

The USCIS has set up a dedicatedwebpage to handle the payment of the immigrant Visa Fee.

H-1B TELECONFERENCE FEB 13

In anticipation of the H-1Bcap filing date of April 1, 2013, MU Law will be holding a free teleconferencefor our clients on February 13, 2013 at 2PM / 11AM PT.  Interested clientsshould email MU’s Lauren Gramke,who can register you for the teleconference.


Last year the H-1B cap wasreached on June 11, 2012; we expect that the demand will be greater this year. It is imperative that all H-1B cap-subject Petitions are filled on April1, 2013 in order to insure that the H-1B Petition qualifies under this year’sH-1B cap.

H-1B cap-subject petitionsinclude:

* International studentsworking on an EAD card under an OPT or CPT program after having attended a U.S.school
* International employeesworking on a TN may need an H-1B filed for them in order for them to pursue apermanent residency (green card) case
* Prospective internationalemployees in another visa status e.g. H-4, L-2, J-1, F-1
* H-1B workers with a capexempt organization
* Prospective internationalemployees currently living abroad

In addition to the H-1B capdiscussion, MU lawyers will also provide an employment-based immigrationlegislation update.


Please contact your MU immigration attorney if you have any questions about this MU Visa Advisor orany other immigration issue. 

PHILIPPINE NURSING SUPPLY CONTINUES TO GROW

The Philippines continues to produce nurses, in spite of a global recession entering its fifth year.  GMA News reports that the Philippines produced about 100,000 nurses last year, about triple the Philippines 36,000/year need.

This is not unusual for a country that acknowledges that overseas employment is a key part of its government policy.  The natural result of educating a greater number of nurses is that the licensure pass rates of the nurses will decrease.    The Philippine nursing will need to make sure that the quality of the education does not suffer as the volume of nursing students increases, which is certain to happen in the next few years.  These schools traditionally have been good at adapting to these macro-economic labor trends.  There is no reason to think that they won’t be in the future.  

115,000 H-1Bs . . . OR EVEN MORE?

The news around Comprehensive Immigration Reform is movingat a breakneck pace.  On Tuesday, PresidentObama will speak in Las Vegas.  Thisis expected to be the launch for the President’s plan for ComprehensiveImmigration Reform.  The President isfirmly behind CIR and likely will sign any bill that legalizes most or all ofthe 12 million or so undocumented. 

The House of Representatives was expected to be a differentstory.  Unlike the Senate, which iscontrolled by the President’s Democratic party, the House is controlled by theRepublicans who were expected to put up a bigger fight on immigration. 

Yet, in a closed door meeting on Friday, Speaker JohnBoehner (R-OH) toldthe Ripon Society that a group of dedicated policy wonks and politicianshave been meeting on and off for three or four years and that, “Frankly, Ithink they basically have an agreement”.

As if that weren’t encouraging enough, Computerworld reportedon Friday that a bipartisan group of influential Senators were ready tointroduce a high-skilled immigration bill, the Immigration Innovation Act,  that calls for the H-1B cap to increase to115,000 per year, from its current 65,000. The H-1B cap would contain a “market-based escalator” that wouldincrease or decrease the H-1B cap as employer-demand ebbed and flowed, althoughit could never fall below the 115,000 threshold.  

Things are moving very fast in immigration.  If you are in healthcare and want to be surethat this once-in-a-decade opportunity to influence immigration legislation isnot missed, please contact MU Law.  We are working with a dedicated group ofindustry leaders to push for positive immigration reform in healthcare, but weneed more help.

S.1 IMMIGRATION REFORM THAT WORKS FOR AMERICA’S FUTURE ACT

In the forthcoming weeks, Sen. Reid and the Democrats andSen. Rubio and the Republicans will begin to shape their immigration legislationlanguage.  It is an open secret that the legalizationof the approximately 12 million undocumented will entirely drive the politicsof the legislation, but there is a real opportunity for Congress to fix otherimmigration policy failures, such as immigration forshortage occupations.  Let’s hopethat Congress takes this opportunity and doesn’t merely cling to symbols.

Sen. Harry Reid (D-NV) this week introduced the wordy, Immigration Reform ThatWorks For America’s Future Act.  ThisAct is the first bill in the Senate, which is symbolic and encouraging.  That having been said, it is only a “placeholder,”meaning that there is no substantive language attached to the bill at this time.  Politicians like Sen. Rubio (R-FL) arebeginning to turn their policy statements into textual law that should be votedon by Congress in the next few months. 

WILL CIR INCLUDE NURSES?

With Sunday’sre-inauguration of President Obama, he begins the second and last of histwo terms.  He has targeted Comprehensive Immigration Reform as one of his majorpolicy initiatives. Republicans appear to be willing to cede fromtheir traditional anti-immigration positions.  Sen. Marco Rubio (R-FL) hasmade immigration reform his pet cause.  
The US Chamber of Commerce ispushing for high-skilledvisa liberalization.  Professional nurses and Physical Therapists havebeen listed on the Department ofLabor’s Schedule A since 1980.  ScheduleA is limited to those occupations that the Department has”determined there are not sufficient United States workers who are able,willing, qualified, and available for the occupations.”
In spite of this obvious shortage,it still takes fully qualified Registered Nurses between 7-10 years to obtainUS green cards.    A fully qualified nurse has passed an Englishfluency examination and the relevant state’s licensing examination. This is aninsane policy decision for an occupation that according tothe Occupational Outlook Handbook, is expected togrow 26 percent to 2020, faster than the average for all occupations.
Politicians like Sen. Rubio arebeginning to turn their policy statements into textual law that should be votedon by Congress in the next few months. Advocacy organizations have begun to lobby politicians. Readers of this blog who are concerned about this issue should contact MusilloUnkenholt, so that we can put you in touch with people who havealready begun to educate Senate staffs.  Change will only happen with aneffort.

POEA Q&A

The Philippine Overseas Employment Administration is the Philippine government’s agency dedicated to managing the outflow of Philippine workers to countries around the world.  The POEA is specially charged with protecting the rights of Philippine workers, as well as promoting the deployment of Philippine workers.  It regulates both foreign recruiting agencies and monitors the workers’ jobs, insuring fair pay and fair working conditions.

POEA Administrator Hans Leo J. Cacdac will be answering questions via Twitter on January 22, 2013 at 3PM Manila time.  Questions may be sent to: http://twitter.com/askPOEA.

While your on Twitter, you can give MU Law a follow too!

DOS ON-LINE TRACKING

The Department of State has launched an on-line tracking system for petitions and application that are being processed through their agency.  DOS cases include all Consular /Embassy appointment cases, notably immigrant visas (green cards) where the applicant has to have an interview at an overseas Consulate/Embassy.    It is expected that all applications that funnel through the National Visa Center will be accessible via this on-line system.

FEBRUARY 2013 VISA BULLETIN

The Department of State has just released the February 2013 Visa Bulletin.  

Overall, the news remains disappointing.  India EB-2 remained at September 1, 2004 for the fourth month.  The Philippine EB-3 date was equally disappointing, moving just one week, to August 22, 2006.

On the other hand, All Other and Philippine EB-2 dates remained Current.  The All Other EB-3 jumped continued to steadily progress, improving more than one month. 

 As MU Law mentioned earlier, we expect the Philippine EB-2 number to remain Current or near Current until Spring/Summer 2013, when it should become unavailable as it does most Summers.


February 2013 Visa Bulletin
All Other Countries China India Philippines
EB-2 Current 15JAN08 01SEP04 Current
EB-3 15MAR07 15NOV06 15NOV02 22AUG06




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