OTR CERTIFICATION EXAM CHANGES IN 2013

The National Board for Certification in Occupational Therapy (NBCOT) has announced that starting July 1, 2013, internationally educated occupational therapists will have new minimum educational standards to be eligible for the OTR Certification Exam. Internationally educated occupational therapists must either:

• Completion of an Entry-Level Bachelor’s Degree in Occupational Therapy from a government authorized and/or WFOT approved college or university occupational therapy educational program AND a Post Professional Masters Degree in Occupational Therapy OR
• Completion of an Entry-Level Master’s Degree in Occupational Therapy from a government authorized and/or WFOT approved college or university occupational therapy educational program

NBCOT’s Occupational Therapist Eligibility Determination (OTED) will be used to determine comparability to US accreditation occupational therapy educational standards and competencies. All internationally-educated occupational therapists approved for exam eligibility under current OTED eligibility standards must take and pass the OTR certification examination prior to July 1, 2013 if they do not hold an occupational therapy master’s degree deemed comparable to a U.S. entry-level accredited master’s degree in occupational therapy. After July 2013, internationally-educated occupational therapists will not be eligible for the OTR if they do not hold a US equivalent occupational therapy master’s degree.

NBCOT is the not-for-profit credentialing agency that provides certification for the occupational therapy profession.

SEPTEMBER 2011 VISA BULLETIN

The Department of State has just released the September 2011 Visa Bulletin. There was very little progress in the dates, which is what usually happens as the US fiscal year nears the end. The US fiscal year's end date is September 30; This is the last Visa Bulletin of the fiscal year.

Sept 2011 Visa Bulletin
	All Other Countries	China	India	Mexico
EB-2	Current	15APR07	15APR07	Current
EB-3	22NOV05	15JUL04	08JUL02	22NOV05

H-1C FAQ

MU Law has had a few follow-up questions about the H-1C visa that was passed by the House of Representatives. We've put together this FAQ to answer a few common questions:

Q1. When does the new H-1C come into effect?

A1. The Senate must still pass the H-1C reauthorization into law and then the President must sign it. There is no set timetable for this to happen. In fact, the H-1C reauthorization may never come into law.

Q2. Will individuals who hold current H-1C visas be able to extend their H-1C status?

A2. They will provided that they have not used up their allotment of H-1C time. Approved nurses will be eligible for to be in H-1C status for 6 years.

Q3. Why are only 14 hospitals eligible?

A3. The H-1C law was crafted in a way to limit sponsorship to certain hospitals that meet a strict set of criteria established in the 1990s. The hospital must be located in a “Health Professional Shortage Area” as of March 31, 1997, have “at least 190 acute care beds,” at “least 35 [percent] of [the facility’s] acute care inpatient days reimbursed by Medicare,” and “at least 28 [percent] of [the facility’s] acute care inpatient days reimbursed by Medicaid.” Other hospitals may be eligible; however, the list of the 14 hospitals that qualify has not been updated in recent years. In a meeting with USCIS and CIS Ombudsman (Oct. 28, 2008), USCIS indicated that, to date, only one hospital that is not on identified on the list of 14 HPSA hospitals has applied for an H-1C nurse and that case is currently pendingadditional review.

Q4. Is there any H-1C cap, like the H-1B visa?

A4. Yes. The H-1C is limited to 300 nurses. However the cap has never been reached. According to USCIS, no H-1C visas were approved in FY 2006, 49 were approved in FY 2007, and, approximately 110 were approved in FY 2008.

Q5. Which 14 hospitals qualify for sponsorship?

A5. Here are the 14 hospitals:

1. Beaumont Regional Medical Center, Beaumont, TX

2. Beverly Hospital, Montebello, CA

3. Doctors Medical Center, Modesto, CA

4. Elizabeth General Medical Center, Elizabeth, NJ

5. Fairview Park Hospital, Dublin, GA

6. Lutheran Medical Center, St. Louis, MO

7. McAllen Medical Center, McAllen, TX

8. Mercy Medical Center, Baltimore, MD

9. Mercy Regional Medical Center, Laredo, TX

10. Peninsula Hospital Center, Far Rockaway, NY

11. Southeastern Regional Medical Center, Lumberton, NC

12. Southwest General Hospital, San Antonio, TX

13. St. Bernard Hospital, Chicago, IL

14. Valley Baptist Medical Center, Harlingen, TX

HOUSE PASSES H-1C REAUTHORIZATION

The House of Representatives just has passed a reauthorization of the H-1C visa program. HR 1933 was first introduced by Rep. Lamar Smith (R-TX) this past spring. Rep. Smith quietly has been securing votes since the bill's introduction. The H-1C expired in December 2009.

HR 1933 looks similar to past iterations of the H-1C visa. Notably it appears to only apply to 14 hospitals in the U.S., many of which are in Rep. Smith's home state of Texas. Only 300 RN positions per year are authorized under the H-1C. The H-1C also includes wage protections for U.S. workers.

Because the H-1C is applicable to only 14 hospitals, the visa has never been used widely and is not expected to materially impact the processing of any immigrant (EB-3) visas. That having been said this is good news for those nurses whose visas expired under the previous H-1C.

Next, the bill must be introduced in the Senate. Once introduced the Senate must pass the bill. Pres. Obama is expected to sign the bill if it can garner enough votes in the Senate.

MANILA VISA REISSUANCE PROGRAM

The US Embassy at Manila just has announced the establishment of a Non-Immigrant Visa Re-issuance program. The purpose of the program is to allow some applicants an expedited visa issuance process if they have previously held the visa that they are seeking to extend.

If one qualifies for the program, an applicant needs only to schedule an appointment, appear at the Embassy at the appointed time, and then have the application screened and give 10-print finger scans. The applicant will not have to participate in an interview.

At this time it does not appear that the VRP will be available to H-1B holders because of a condition that one did not stay in the US for more than 6 months. Here is the full list of conditions:

1. I am a Philippines passport holder.

2. I have previously been issued, in Manila, a full-validity visa (a visa good for five or ten years).

3. My visa is still valid... or it has expired within the last twelve months.

4. I have in my possession all of my passports covering the entire period of time since I received that full-validity visa.

5. I have not been refused a U.S. visa in the last twelve months.

6. My visa is not annotated "clearance received".

7. I have not ever stayed in the U.S. longer than 6 months (even if the Department of Homeland Security approved the extension of stay).

8. I have not ever been arrested or convicted for any offense or crime, even if subject of a pardon.

9. I can provide the visa control number from my visa (located in the upper right hand corner of the visa).

MU LAW AND THE PNAA - 2011

For the last two years, MU Law has sponsored the Philipine Nurses Association of America's 5K fun run at their Annual Convention. This year's Convention and fun run was in San Francisco.

MU Law is honored to be associated with such a great organization. Visit the MU Law Facebook page for more photos of this event.

AUG 2011 VISA BULLETIN

The Department of State has just released the August 2011 Visa Bulletin. Each category was promoted about one month.

Aug 2011 Visa Bulletin
	All Other Countries	China	India	Mexico
EB-2	Current	15APR07	15APR07	Current
EB-3	01NOV05	08JUL04	01JUN02	01NOV05

MU ATTORNEYS TO SPEAK AT IACC

Chris Musillo and Cindy Unkenholt are the featured speakers at the Indian American Chamber of Commerce's July meeting. Chris and Cindy will be speaking on employment-based immigration. If you are in Cincinnati and interested in attending, please visit the IACC webpage.

USCIS OMBUDSMAN REPORT

The USCIS Ombudsman is tasked with monitoring USCIS practices and recommending improvements to USCIS practices. Annually the USCIS Ombudsman produces a report. In early 2009, the Ombudsman made specific recommendations to the USCIS in order to enhance the processing of Schedule A green card applications. Schedule A, which provides an expedited green card application process, is limited to registered nurses and physical therapists.

The Ombudsman’s latest report has just been released. The Report contains many suggestions for improvement of USCIS processes and procedures. While MU has not fully read and considered all of the Ombudsman’s recommendations, one item did catch our eye.

In addition to other outreach initiatives, the Ombudsman’s Office will host its first annual conference on October 20, 2011. This conference is expected to provide an opportunity for government and private sector leaders to come together to discuss immigration issues that impact individuals and employers. MU commends Director Mayorkas, Ombudsman January Contreras, and their team for their continued dedication to outreach with US employers and other immigrant stakeholders.

H-1B CAP ONLY AT 17,400

The Fiscal Year 2012 (FY2012) H-1B cap season began on April 1, 2011. Since April 1, a mere 17,400 H-1B cap-subject Petitions have been receipted by USCIS as of June 24, 2011. This is much lower than in recent years and likely reflects the fact that while the US economy has improved in the recent months, it is not nearly as robust as it was in the middle part of the last decade.

To put this in perspective, in FY 2011, which began April 1, 2010, the USCIS has receipted about 30,000 H-1Bs through July 1, 2010. In FY 2009, there was about 45,000 H-1Bs receipted in by USCIS through July 1, 2009. For the prior three fiscal years (FY 2006-08), the H-1B cap was reached on the very first day of filing.

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.

POEA AND MANILA EMBASSY MEET TO DISCUSS FRAUD

The Fraud Prevention Unit of the US Embassy along with representatives from the POEA recently held a Conference on Fraud Prevention and Protection of foreign workers. The June 10, 2011 meeting was held at the Hyatt Hotel in Manila.

The POEA sought and continues to seek to educate Philippine workers about their rights and to combat illegal recruiting.

The US Embassy in Manila has announced the William Wilberforce Act Tagalog version. The act requires that people are made aware of their immigration rights.

Importantly the US officials also discussed their review standard before visa issuance. They reminded attendees that USCIS approval of the I-129 does not guarantee H-1B workers a visa. Before the H-1B visa is issued the Embassy reviews each case to insure that there is a bona fide job opportunity.

JULY 2011 VISA BULLETIN

The Department of State has just released the July 2011 Visa Bulletin. The Chinese and Indian EB-2 categories had notable progress, each jumping 6 months. On the other hand, the EB-3 categories had very little progress from last month.

July 2011 Visa Bulletin
	All Other Countries	China	India	Mexico
EB-2	Current	08MAR07	08MAR07	Current
EB-3	08OCT05	01JUL04	01MAY02	01JUL05

US HEALTHCARE SECTOR GROWING SIGNIFICANTLY

The U.S. Bureau of Labor Statistics’ (BLS) has just reported that the employment numbers in the healthcare sector continue to defy the overall US economy. Hospitals and other healthcare employers have been adding an average of 24,000 jobs per month from June 1, 2010 – June 1, 2011.

Nursing is the largest employment segment of the healthcare sector. While the nursing shortage abated between 2008 and 10, the BLS still projects nursing to be the shortest occupational classification in the foreseeable future, as do private foundations.

For instance, the Robert Wood Johnson Foundation’s Institute of Medicine released its report on The Future of Nursing in October 2010. The report called for increasing the number of baccalaureate-prepared nurses in the workforce to 80% and doubling the population of nurses with doctoral degrees.

Foreign-trained nurses are almost always baccalaureate-prepared and will necessarily have to be a component of any increase in US nurse supply. While no one wants foreign nurses to take US nurses’ jobs, the numbers plainly show that foreign nurse recruitment must be increased or else US patient’s care will be compromised.

2011 NPTE SUMMIT TO FOCUS ON SECURITY

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, PTA Caucus and Prometric. The AAIHR should also be in attendance.

The NPTE Summit is scheduled for July 29-31, 2011 in Dallas, Texas.

TWO NEW NURSE BILLS INTRODUCED

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 Texas. Like Rep. Sensenbrenner, Rep. Smith has long been harsh on legalization of the undocumented, but sensible on immigration for professionals. Rep. Smith’s bill calls for the revival of the H-1C program. The H-1C program had been around since the mid-1990s and allowed 14 special hospitals the opportunity to employ nurses. These 14 hospitals are mainly in Texas, which explain Rep. Smith’s sponsorship. The H-1C expired in December 2009 and was not reenacted.

MU is in favor of passage of HR 1933, but we are also skeptical that the bill can become law.

NPTE EXAM DATES FOR 2012

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:

January 30, 2012

March 29, 2012

July 2, 2012

July 31, 2012

October 23, 2012

MU LAW GALA SPONSOR OF IACC

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 Northern Kentucky.

In addition to Musillo Unkenholt, Gala sponsors include US Bank, University of Cincinnati Health, Fifth Third Bank, Anthem Health, PNC Bank, Cincinnati Children Hospital, and a dozen other local Cincinnati businesses.

The event features comedian Rajiv Satyal, as the Master of Ceremonies, traditional Indian dance groups, business leaders and other dignitaries.

JUNE 2011 VISA BULLETIN

The Department of State has just released the June 2011 Visa Bulletin. This Visa Bulletin had modest progress in several classifications, notably the EB-2 categories.

June 2011 Visa Bulletin
	All Other Countries	China	India	Mexico
EB-2	Current	15OCT06	15OCT06	Current
EB-3	15SEPT05	15MAY04	22APR02	22DEC04

PRES. OBAMA'S IMMIGRATION SPEECH

On Tuesday President Obama is expected to make a major immigration speech at the US-Mexican border town of El Paso, Texas. That the speech is taking place in El Paso speaks volumes about the US’ immigration policy; the debate on the undocumented overwhelms any other immigration issues that this country has.

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.

WHAT THE LACK OF H-1B FILINGS REALLY MEANS

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.