| July 2011 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Mexico | |
| EB-2 | Current | 08MAR07 | 08MAR07 | Current |
| EB-3 | 08OCT05 | 01JUL04 | 01MAY02 | 01JUL05 |
The U.S. Bureau of Labor Statistics’ (
Nursing is the largest employment segment of the healthcare sector. While the nursing shortage abated between 2008 and 10, the
For instance, the Robert Wood Johnson Foundation’s
Foreign-trained nurses are almost always baccalaureate-prepared and will necessarily have to be a component of any increase in
FSBPT has scheduled an NPTE Summit to focus on policy implications for PT licensure in light of recent NPTE security breaches. FSBPT seeks to create a set of recommendations to the FSBPT board of directors about the testing process and to develop a preliminary communication strategy of the recommendations to members and stakeholders.
Expected attendees include jurisdiction members and administrators, FSBPT committee members and representatives of APTA’s board and staff, Academic Council, Student Council,
The NPTE Summit is scheduled for
Two recent bills have been introduced in the US Congress, both of which purport to ease the immigration process for healthcare professionals.
HR 1929 has been introduced by Rep. James Sensenbrenner (R-WI). Rep. Sensenbrenner has long been harsh on legalization of the undocumented, but sensible on immigration for professionals. Rep. Sensenbrenner has submitted versions of HR 1929 in past Congressional sessions, although none have ultimately become law. Rep. Jared Polis (D-CO) is a co-sponsor of the bill.
HR 1929 calls for 20,000 immigrant visas to be issued to Registered Nurses. Nurse’s immediate families would also get immediate immigrant visas, but they would not count against the 20,000 quota. In order to use these special visas, employers would be charged an additional $1,500, which would go to funding US nursing programs. These visas also would be available for Physical Therapists. This bill is very similar to several prior bills, notably the Schedule EX visa in the mid-2000s that allowed a one-time visa quota of 50,000 visas for nurses and their families.
While MU applauds the introduction of HR 1929, we expect that the bill will not be enacted into law.
HR 1933 has been introduced by Rep. Lamar Smith of
MU is in favor of passage of HR 1933, but we are also skeptical that the bill can become law.
FSBPT has set the NPTE Exam test dates for 2012. FSBPT established a uniform testing policy after it found evidence of testing breaches. In response to testing breaches, FSBPT first sought to establish a separate but equal NPTE exam for graduates of Philippine, Egyptian, Indian, and Pakistani schools.
A Georgia court ruled that the FSBPT's plan was invalid under law and recently settled the lawsuit with the Georgia plaintiffs. The fixed-date testing program was the outcome of the lawsuit.
The 2012 testing dates are:
Musillo Unkenholt LLC is proud to be a Gala sponsor at tonight’s First Anniversary Gala Celebration for the Indian American Chamber of Commerce – Greater Cincinnati and
In addition to Musillo Unkenholt, Gala sponsors include US Bank,
The event features comedian Rajiv Satyal, as the Master of Ceremonies, traditional Indian dance groups, business leaders and other dignitaries.
| June 2011 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Mexico | |
| EB-2 | Current | 15OCT06 | 15OCT06 | Current |
| EB-3 | 15SEPT05 | 15MAY04 | 22APR02 | 22DEC04 |
On Tuesday President Obama is expected to make a major immigration speech at the US-Mexican border town of
The need for healthcare workers in this country is about to explode. Both private and public economic forecasters predict that the jobs that grew in the 2000-10 decade will be the jobs where growth is seen in the 2011-20 decade. The Department of Labor says that these are largely healthcare jobs. It will be telling if the President tries to position legitimate immigration alongside his enforcement aims.
This year a mere 9,200 cap-subject H-1B Petitions have been filed through April 29. In prior years we have seen many more H-1B cases accepted as slots were available; in the go-go years of the 2000s, the H-1B cap was reached on the first day.
This year's paucity of H-1B Petitions provides compelling evidence against the argument that internationally-trained workers are being used to displace American workers and lower US workers' salaries. That argument just does not jibe with what is actually happening.
If H-1B visa labor was being used primarily to lower US workers salaries, the H-1B filing numbers wouldn’t be impacted to any meaningful degree. Why? Because the incentive to reduce workers’ salaries is likely greater in a recessed economy, not less. This logic is straightforward.
Yet, this year we’ve seen a dramatic downtick in H-1B visas filed in industries like Information Technology and Finance. Meanwhile industries with continued staffing shortages, such as healthcare and teaching, continued to file H-1B Petitions. If the H-1B program was being used to lower salaries, why aren’t the IT and financial industries continuing to file H-1B petitions? Are these industries not interested in cutting costs?
Critics of the H-1B system fail to acknowledge just how well the system actually works. In robust times, the H-1B system allows growing companies to attract more workers from overseas when they can't fill those jobs with US workers. In down times, when jobs are few, the market does what it is supposed to do and fewer H-1B job offers are made.
If Congress really wants to reform the H-1B process, it ought to eliminate the arbitrary quota and just let the market sort out the numbers question. Congress also ought to give non-bachelor degree occupations with well-documented staffing shortages, such as nursing, access to the H-1B program.
The Fiscal Year 2012 (FY2012) H-1B cap season began on
Many healthcare professions ordinarily qualify for H-1B status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing positions.
For three years the H-1B demand has decreased. This should put paid to the idea that H-1B workers are used to drive down US worker’s wages. If H-1B workers were used to drive down wages, H-1B demand would remain consistent in a decreasing economy.
Health care employment continued to increase in March (+37,000 jobs). Over the last 12 months, health care has added 283,000 jobs, or an average of 24,000 jobs per month. The conclusion remains the same for employers in this sector as it has for the previous 20+ years: internationally-trained staff will remain a significant part of the US healthcare workforce.
In order to burnish his credibility with these pro-immigration voters who could sway a tight election, the President yesterday met with high-profile immigration-friendly people, such as Arnold Schwarzenegger, New York Mayor Michael Bloomberg, and San Antonio Mayor Julian Castro, all who have called on the President to lead on immigration reform.
Unfortunately, no serious analysts believe that the President is doing anything other than paying lip-service to immigration reform, despite needed visa liberalization in shortage occupations, such as Physical Therapy, Occupational Therapy and Registered Nursing.
| May 2011 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Mexico | |
| EB-2 | Current | 01AUG06 | 01JUL06 | Current |
| EB-3 | 22AUG05 | 15APR04 | 15APR02 | 08SEP04 |
Employment-based: At this time the amount of demand being received in the Employment First preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category will remain “Current” for all countries. It also appears unlikely that a Second preference cut-off date will be imposed for any countries other than China and India, where demand is extremely high. Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.)
China: none to three weeks expected through July. No August or September estimate is possible at this time.
India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks
Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.
“Dare to be great nurses… Dare to build a better
While his challenge was clear, his views on the likelihood of the retrogression were less so. “All I can say is, clearly, there’s a demand in the
The Department of State has updated their Foreign Affairs Manual (FAM) to reflect the fact that B1/B2 applicants ought to be given visas to come to the
As we mentioned in our last MU update, all applicants will still need to prove non-immigrant intent, i.e. that the applicant maintains a non-US residency and intends to leave the
Updated FAM:
9 FAM 41.53 N4.1 General Licensure Requirement for H Nonimmigrant
(CT:VISA-1635; 03-31-2011)
The requirements for classification as an H-1B nonimmigrant professional
may or may not include a license because States have different rules in this
area. If a State permits aliens to enter the United States as a visitor to take
a licensing exam, then USCIS will generally require a license before they will
approve the H-1B petition. However, some States do not permit aliens to
take licensing exams until they enter the United States in H-1B status and
obtain a social security number. Therefore, a visa should not be denied
based solely on the fact that the applicant does not already hold a license to
practice in the United States.
As many MU friends and clients are aware, US Embassies have been denying PT applicants a B1/B2 visa, if the applicant has sought to come to the
MU just has learned the Department of State's HQ office in
Please keep in mind that all applicants will still need to prove non-immigrant intent, i.e. that the applicant maintains a non-US residency and intends to leave the
The Department of State has told AILA that because of decreasing demand for EB-1 visa numbers, the EB-2 category will be given at least 12,000 additional visa numbers. The 12,000 numbers will largely be given to Indian EB-2 applicants. EB-2 Chinese natives may also be positively impacted by this news.
The May 2011 Visa Bulletin, which should be released in mid-April 2011, should reflect this news.
The EB-2 category is appropriate for positions that require a Masters Degree or a Bachelors Degree and five years of progressive experience and typically includes Doctors, Physical Therapists, Occupational Therapists, and other professions that require advanced degrees.
Sometime in 2011, Congress may wish to revisit the
The Department of Labor continues to point to nursing as one of the occupations in the shortest supply.
Now, comes a
The study was also subject of a recent Scientific American podcast, which is freely available for download.
The
Non-profit entities that are related to or affiliated with an institution of higher education have long been approved as cap-exempt Petitioners. This has allowed these Petitioners to file H-1B Petitions regardless of whether the H-1B cap had been reached. In the recent past, however, the USCIS has taken a strict interpretation on the question of whether a non-profit was "related" to an institution of higher learning (e.g. a University).
The new USCIS policy will allow those Petitioners who previously have been granted approvals to file new H-1B cases confidently without fear of inconsistent adjudication. The burden will be on these Petitioners to prove that they have been approved for cap-exempt H-1Bs in the past.
| March 2011 Visa Bulletin | ||||
|---|---|---|---|---|
| All Other Countries | China | India | Mexico | |
| EB-2 | Current | 22JUL06 | 08MAY06 | Current |
| EB-3 | 22JUL05 | 01MAR04 | 08APR02 | 08MAY04 |
