| February 2011 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Mexico | |
| EB-2 | Current | 01JUL06 | 08MAY06 | Current |
| EB-3 | 01APR05 | 01JAN04 | 22FEB02 | 08JUL03 |
The latest USCIS update says that 58,700 of the 65,000 regular H-1B numbers were used as of January 7, 2011. The demand for H-1B numbers historically has spiked as the H-1B number grows closer to 65,000. MU predicts that the H-1B cap will be reached by the end of the month. MU clients strongly are urged immediately to initiate and file any regular cap-subject H-1B cases.
The last few years have seen a declining American economy, dramatically reduced hiring numbers, and a Congress that has proven incapable to lead the country on badly needed immigration reform. Still, thanks to declining demand for H-1B numbers from the IT community, there are some signs that the worst may be over for healthcare immigration. There may even be a chance for positive healthcare immigration for nurses, although not where it is most needed.
Although the 112th Congress is divided and that usually means gridlocked legislation initiatives, a coalition of like-minded Senators and Congressman may be able pass long-needed legislation aimed at solving one obvious staffing shortage in the healthcare industry – nursing.
Nursing is the largest professional occupation in healthcare. While the nursing shortage has abated in many areas in the US, most economists predict the reemergence of the nursing shortage in the near term. Thursday’s jobs’ news was mixed. The positive news was that the unemployment number fell to 9.4%, which is the lowest percentage in 18 months.
Might the 112th Congress consider a nurse visa bill aimed at reducing the 5-6 year wait for an immigrant nurse to enter the US? Perhaps. But the better chance is that the Congress looks to restore the H-1C visa, which provides badly-needed visas for 14 of the direst healthcare facilities. Rep. Lamar Smith, who is the forthcoming Chair of the Judiciary Committee, represents South Texas, near where several of the 14 facilities are located. With some advocacy, it is possible that the H-1C could be slightly amended to liberalize a revived H-1C.
For specialty occupation allied healthcare positions that require a bachelor degree for entry into the position, such as Physical Therapists, Occupational Therapists, Speech Language Pathologists, the IT industry’s minimal usage of H-1B numbers looks to continue in 2011. Coupled with increasing opportunities for EB-2 immigrant visas, and notably faster labor certification times, prospects remain bright for applicants in these occupations in 2011.
While a revived H-1C and more opportunities for H-1Bs are not as desired an increase to the EB-3 retrogression-driven quota, these factors may make 2011 a better year for applicants and employers than the last few.
With the H-1B cap nearly reached, MU clients strongly are urged immediately to initiate and file any regular cap-subject H-1B cases. The H-1B cap likely will be reached in January 2011.
The latest USCIS update says that 53,900 of the 65,000 regular H-1B numbers were used as of December 17, 2010. While demand typically levels off during the Christmas and New Years holidays, it is expected that the demand will rise again in the first weeks of January. The demand for H-1B numbers historically has spiked as the H-1B number grows closer to 65,000.
Employees that may need an H-1B visa include:
International workers who are working 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.
Additionally, the USCIS sets aside an additional 20,000 H-1B numbers for graduates of US Masters degree (or higher) programs. As of December 17, 2010, 19,700 of the 20,000 have been received by USCIS. While no official USCIS announcement has been issued, that cap effectively may have already been reached.
MU wishes all of its clients and friends a joyous Holiday season and a healthy New Year.
The “path” is not an easy one. The House’s version of the Dream Act, which was passed earlier this month, says that applicants must spend a minimum of 11 years after becoming legalized, before they would eligible to even apply for US citizenship. In other words, if the Dream Act was passed tomorrow, the first applicants would not become US citizens until 2021. During that time period, applicants would have another batch of requirements, notably a continued “good moral character” requirement.
The Senate bill is shortly supposed to come up for vote. The Senate vote will be a close one. Outgoing Senate Majority Leader Harry Reid is said to be spending loads of time working his colleagues for votes.
While the bill doesn’t contain any provisions for healthcare workers, MU supports the bill and thinks you should too. For one, the bill appears to strike a proper balance the real-world concern of rewarding illegal entrants with the moral issues of penalizing children who have spent most of their lives in the US.
For two, it has been ages since Congress has passed a sensible immigration bill. By passing a moderate and moral bill, the US public may again see immigrants as people like them who help build a wonderful and enriched society. In turn, the healthcare community may get the immigration legislation it needs.
| January 2011 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Mexico | |
| EB-2 | Current | 22JUN06 | 08MAY06 | Current |
| EB-3 | 22MAR05 | 15DEC03 | 01FEB02 | 15APR03 |
The News Advisory cites fraudulent employers posing to be healthcare facilities in Israel, Guam, and Switzerland, and says that the American Federal Bureau of Investigation is examining an alleged fake hospital in Guam.
The USCIS has struggled with this concept; they tend to be skeptical of H-1Bs for nurses. The seminal USCIS Guidance Memo was written in 2002, and has not been updated to account for the fact that many hospitals and facilities now require a Bachelors degree for all of their nurses. This is especially true in certain units and in magnet facilities.
The New York Times says that about 50% of all nurses hold a Bachelors degree. It should not come as a surprise to the USCIS that the Bachelors degree requirement increasingly is becoming the norm. The Johnson Foundation, long on the cutting edge of nursing educational studies, is cited in the Times piece. JF contends that growing that number to 80% is a realistic and worthwhile goal. As the number of Bachelor degreed nurses swells, the H-1B likely will become even a more viable immigration strategy.
