NPTE TEST DATES

The NPTE announces these test dates for the next several dates. In order to schedule for one of the two upcoming exams, please click:

October 26, 2011 (Updated 9/19/2011)

December 5, 2011 (Updated 9/19/2011)

NPTE Test Dates
	Test Date	Registration Deadline	Jurisdiction Deadline	Scores Reported
	Oct 26, 2011	Sept 26, 2011	Oct 10, 2011	Nov 2, 2011
	Dec 5, 2011	Nov 5, 2011	Nov 21, 2011	Dec 12, 2011

Future dates in 2012 are available at the FSBPT webpage.

H-1B CAP COUNT: 32,200

The Fiscal Year 2012 (FY2012) H-1B cap season began on April 1, 2011. Since April 1, a mere 32,200 H-1B cap-subject Petitions have been receipted by USCIS as of September 9, 2011. This is much lower than in recent years and likely reflects the fact that US employers are not hiring workers, including foreign-national workers.

To put this in perspective, in FY 2011, which began April 1, 2010, the USCIS has receipted about 38,000 H-1Bs through September 17, 2010. 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 is compelling evidence that H-1B workers are not 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, since US employers would still want to save money on salary expenses.

OCTOBER 2011 VISA BULLETIN

The Department of State has just released the October 2011 Visa Bulletin. The October Visa Bulletin is the first Visa Bulletin of US Fiscal Year 2012.

As recently has been the case, the dates moved up slowly but steadily, averaging a one month improvement.

Oct 2011 Visa Bulletin
	All Other Countries	China	India	Mexico
EB-2	Current	15JUL07	15JUL07	Current
EB-3	08DEC05	08AUG04	15JUL02	08DEC05

The Visa Bulletin included this prediction on future movement of dates:

Employment Second:

Worldwide: Current

China and India: The current cut-off date is approaching the most favorable date previously reached for applicants from China and India. The rapid forward movement is intended to generate demand based on new filings for adjustment of status at U.S. Citizenship and Immigration Services offices, which currently accounts for over 85% of all Employment-based number use. Once the level of demand increases sufficiently, it may be necessary to slow or stop the cut-off movement, and a retrogression of the cut-offs at some point during the year is a distinct possibility.

Mexico: Current
Philippines: Current

Employment Third:

Worldwide: up to one month
China: one to three weeks
India: up to two weeks
Mexico: up to one month
Philippines: up to one month

MU AS AILA FACULTY

MU’s Chris Musillo is one of the three presenting faculty members for the American Immigration Lawyers Association's September 13, 2011 teleconference on Consular Issues impacting Immigration: India, Philippines, and China. Chris will be speaking on hot issues effecting processing at the US Embassy in Manila.

From the AILA new release:

Which are the consular posts that process the highest volume of visa applications? What are the most common issues visa applicants and their attorneys face when dealing with these posts? Are there ways to minimize the stress involved in processing H-1Bs and Blanket L and individual L-1 applications?

The seminar wraps up with a Q&A session and will cover the following topics:

• Common Issues with H-1B, Blanket L and Individual L Applications at Post India
• Common Issues Faced by Applicants In Consular Posts In China
• Overcoming 214(b) at American Embassy in Manila When Seeking a Visa to Take a Licensing Exam
• How to Deal with Delays Caused by Administrative Processing

To register for this teleconference, please visit the AILA website. The teleconference is approved for CLE credits in most states.

PWD UPDATE

The Prevailing Wage Determination (PWD) usually is the first step in the processing of an employment-based green card. This is a necessary beginning step for most occupations, including IT and healthcare occupations. The PWD is filed with the US Department of Labor (DOL).

In July, the DOL ceased processing PWDs as the direct result of a lawsuit affecting their H-2B applications. As a result of that lawsuit the entire PERM and Schedule A green card system has been disrupted.

Until the DOL re-commences the processing of PWDs, PERM and Schedule A green card cases may be delayed. It does appear that the resolution is forthcoming. There are reports that the first PWDs in several weeks have been received by the immigration community. If you have any questions on this, please do not hesitate to contact Musillo Unkenholt.

H-1B CAP UPDATE: 25,300

The Fiscal Year 2012 (FY2012) H-1B cap season began on April 1, 2011. Since April 1, a mere 25,300 H-1B cap-subject Petitions have been receipted by USCIS as of August 12, 2011. This is much lower than in recent years and likely reflects the fact that US employers are not hiring workers, including foreign-national workers.

To put this in perspective, in FY 2011, which began April 1, 2010, the USCIS has receipted about 30,000 H-1Bs through August 1, 2010. In FY 2009, there was about 47,000 H-1Bs receipted in by USCIS through September 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 is compelling evidence that H-1B workers are not 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, since US employers would still want to save money on salary expenses.

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.