AILA WEEK

MU attorneys Chris Musillo, Cindy Unkenholt, and Maria Schneider will heading to Nashville for this year's AILA Annual Convention. AILA Annual is a great time to catch up with old friends, meet new ones, and discuss interesting case strategies. We may be posting light this week, but we will surely update once the H-1B cap officially is reached. Our sense is that it either has already been reached or it will be reached early this week.

H-1B CAP COUNT: 55,600

The H-1B cap count is now at 55,600 H-1B cap-subject petitions have been received as of June 1, which is the most recent USCIS update. MU currently is projecting that the H-1B cap of 65,000 will be reached around June 8.

MU clients are encouraged to initiate their H-1B Petitions immediately in order to insure that their H-1B cap-subject petitions are received at the USCIS before the deadline.

Employees that need a "cap-subject" H-1B include:

* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school

* International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case

* Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1

* H-1B workers with a cap exempt organization

* Prospective international employees currently living abroad

H-1B Cap Count
Cap Type	Available	Received	Updated	MU Projection
Regular	65,000	55,600	6/1/2012	6/8/2012
US Masters	20,000	18,700	6/1/2012	6/8/2012

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H-1B CAP COUNT: 48,400

The H-1B cap count is now at 48,400 H-1B cap-subject petitions have been received as of May, 25, which is the most recent USCIS update. MU currently is projecting that the H-1B cap of 65,000 will be reached around June 13.

MU clients are encouraged to initiate their H-1B Petitions immediately in order to insure that their H-1B cap-subject petitions are received at the USCIS before the deadline.

Employees that need a "cap-subject" H-1B include:

* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school

* International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case

* Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1

* H-1B workers with a cap exempt organization

* Prospective international employees currently living abroad

H-1B Cap Count
Cap Type	Available	Received	Updated	MU Projection
Regular	65,000	48,400	5/25/2012	6/13/2012
US Masters	20,000	17,500	5/25/2012	6/6/2012

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PUSH IN CONGRESS TO INCREASE BUSINESS GREEN CARDS

Quietly there has been a recent push in Congress to increase the amount of business based green cards.  Several different proposals are being considered.  Most will reduce the lengthy green card processing times for healthcare, IT, engineering, and other business-based green cards.  Business based green cards currently take anywhere from one year to ten years, depending on the type of job offered (EB1, EB2, EB3, etc.) and the country of birth of the applicant.  

As Computerworld explains, many of the proposals call for immediate or near-immediate green cards for foreign students who earn a master's degree and above in science, technology, engineering and math (STEM degrees).  The proposals differ in allocation of these visas.  One proposal by Sens. Alexander (R-TN) and Coons (D-DE) allows US STEM graduates to file for green cards after three years of working in the US.  As can be seen by the co-sponsors, this bill has bi-partisan support.

A  bill by Sen. Cornyn (R-TX) eliminates the diversity visa lottery and reserves those visas for US STEM graduates.  Sen. Cornyn's bill has some appeal because it does not add to the total pool of visas, which is major issue for some in Congress.

While these bills target non-healthcare occupations, both bills are expected to help healthcare, in several ways.  First, the language of the bills may still be tweaked to add in some healthcare occupations that are in short supply.   Second, the proposals may allow US government agencies to add or delete occupations as future events warrant.  

Even if no specific healthcare-friendly amendments are added to these bills, the simple process of drawing out thousands of STEM visas out of the general green card pools will reduce retrogression pressures.

FREE SUBSCRIPTION OF AMERICAN NURSE TODAY FOR FENs

CGFNS and the American Nurses Association have entered into an agreement to provide new foreign-educated nurses with a complimentary digital subscription to the ANA's signature publication, American Nurse Today. CGFNS believes that the subscription will allow foreign-educated nurses to learn about the practices and challenges facing nurses in the US. To register for your complimentary subscription, please visit the CGFNS webpage.

H-1B CAP COUNT: 42,000

The H-1B cap count has passed the halfway mark. 42,000 H-1B cap-subject petitions have been received as of May, 11, which is the most recent USCIS update. MU currently is projecting that the H-1B cap of 65,000 will be reached around June 8.

MU clients are encouraged to initiate their H-1B Petitions by May 25 in order to insure that their H-1B cap-subject petitions are received at the USCIS before the deadline.

Employees that need a "cap-subject" H-1B include:

* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school

* International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case

* Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1

* H-1B workers with a cap exempt organization

* Prospective international employees currently living abroad

H-1B Cap Count
Cap Type	Available	Received	Updated	MU Projection
Regular	65,000	42,000	5/18/2012	6/8/2012
US Masters	20,000	16,000	5/18/2012	6/1/2012

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AILA ANNUAL DINNER

For the last several years a group of AILA lawyers who practice in healthcare have gotten together for a dinner on the Thursday of AILA Annual week. Last year we had about 20 of us and it was great to catch up with old friends (and new ones!). It is a laid-back casual event.

If you are an AILA attorney who is interested in attending this year’s dinner, please let me know how many will be attending from your group by May 25. Friends, spouses, etc. are also welcome.

H-1B CAP COUNT: 36,700

The H-1B cap count has passed the halfway mark. 36,700 H-1B cap-subject petitions have been received as of May, 11, which is the most recent USCIS update. MU currently is projecting that the H-1B cap of 65,000 will be reached around June 10.

MU clients are encouraged to initiate their H-1B Petitions by May 25 in order to insure that their H-1B cap-subject petitions are received at the USCIS before the deadline.

Employees that need a "cap-subject" H-1B include:

* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school

* International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case

* Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1

* H-1B workers with a cap exempt organization

* Prospective international employees currently living abroad

H-1B Cap Count
Cap Type	Available	Received	Updated	MU Projection
Regular	65,000	36,700	5/11/2012	6/10/2012
US Masters	20,000	14,800	5/11/2012	6/1/2012

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JUNE 2012 VISA BULLETIN

The Department of State has just released the June 2012 Visa Bulletin.

The Department of State finally made the India and China EB-2 categories unavailable (indicated by a "U", in the chart below), as has been expected for some time. It is expected that these categories will progress to 2010 once the new fiscal year begins in October 2012. Chinese and Indian EB-2 petitions are still accepted for I-485 filing through May 31.

June 2012 Visa Bulletin
	All Other Countries	China	India	Philippines
EB-2	Current	U	U	Current
EB-3	08JUN06	08AUG05	15SEP02	22MAY06

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DEMAND FOR NURSES RISING IN US

Nursing demand in the US has been negligible in the last few years. Fewer nurses have been retiring and facilities’ nursing needs have been stagnate. As a result facilities’ demand for nurses has been flat since the start of the recession. A recent survey says that it appears that this dormant period for nursing needs is over.

As demand for nurses rises, medical practices are paying more to hire them, UBM Medical’s Physician’s Practice 2012 Staff Salary Survey suggests.

Nurses and nurse managers saw average salary increases of 4 percent and 12 percent. Registered nurses posted a 6.6 percent vacancy rate in 2011, up from 4 percent in 2010. Hospitals had 950 RN job openings at the end of 2011 in one market, Cincinnati. Trends are likely similar across the US.

Foreign-trained nurses traditionally filled these needs but the twin-killing engine of retrogression and the recession has decimated the ranks of foreign-trained nurses.

Will the rebounding economy lead to a sensible immigration policy for soon-to-be badly needed nurses? That remains to be seen.

H-1B CAP COUNT: 32,500

The USCIS has just updated the H-1B Cap Count. The latest H-1B usage numbers are listed in the chart below. MU Law is also listing its estimated dates when the H-1B cap will be reached for each category. We will regularly update the projection.

H-1B Cap Count
Cap Type	Available	Received	Updated	MU Projection
Regular	65,000	32,500	5/4/2012	6/1/2012
US Masters	20,000	13,700	5/4/2012	5/20/2012

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Many healthcare professions ordinarily qualify for H-1B status, includingPhysical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing positions.

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 “H-1B transfer” cases and may be filed at any time throughout the year.

Employees that need a "cap-subject" H-1B include:

* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school

* International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case

* Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1

* H-1B workers with a cap exempt organization

* Prospective international employees currently living abroad

DS-160 TIPS

A nonimmigrant visa (or temporary visa) is any visa that is not an immigrant visa (green card). Typical nonimmigrant visas include the H-1B, B-1/B-2, L-1, and F-1. If you click on the links, you will find details of each of these visa types.

For foreign nationals who are overseas, the process calls for a filing by the immigration attorney here in the US with the USCIS. Once approved, the USCIS issues an I-797, Notice of Action (Approval Notice). The chosen Consulate or Embassy is then notified of the approval and the Beneficiary makes an application with the Consulate or Embassy.

The applicant must complete a DS-160 Online Nonimmigrant Visa Application. The DS-160 is a confusing Application for some. The US Embassy in Kingston, Jamaica has produced a very helpful Slide Show to assist applicants. MU Law invites our clients and friends to review this before completing the DS-160.

H-1B CAP COUNT: 29,200

The USCIS has just updated the H-1B Cap Count. The latest H-1B usage numbers are listed in the chart below. MU Law is also listing its estimated dates when the H-1B cap will be reached for each category. We will regularly update the projection.

H-1B Cap Count
Cap Type	Available	Received	Updated	MU Projection
Regular	65,000	29,500	4/27/2012	6/1/2012
US Masters	20,000	12,300	4/27/2012	5/20/2012

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Many healthcare professions ordinarily qualify for H-1B status, includingPhysical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing positions.

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 “H-1B transfer” cases and may be filed at any time throughout the year.

Employees that need a "cap-subject" H-1B include:

* International students working on an EAD card under an OPT or CPT program after having attended a U.S. school

* International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case

* Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1

* H-1B workers with a cap exempt organization

* Prospective international employees currently living abroad

H-1B CAP COUNT: 25,000

The USCIS has just updated the H-1B Cap Count. The latest H-1B usage numbers are listed in the chart below. MU Law is also listing its estimated dates when the H-1B cap will be reached for each category. We will regularly update the projection.

H-1B Cap Count
Cap Type	Available	Received	Updated	MU Projection
Regular	65,000	25,000	4/20/2012	6/1/2012
US Masters	20,000	10,900	4/20/2012	5/20/2012

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DOJ SETTLES WITH HEALTHCARE STAFFING COMPANY FOR $100,000

The Department of Justice reached a settlement with Onward Healthcare resolving allegations of discrimination by Onward. The DOJ said that Onward posted discriminatory job advertisements on its home page and third party websites that limited its jobs to U.S. citizens. The Immigration and Nationality Act generally prohibits employers from discriminating on the basis of citizenship status unless required by law, regulation or government contract.

The settlement calls for Onward to pay $100,000 in civil penalties and to change internal policies to comply with federal law. The DOJ will also monitor Onward’s behavior for the next three years.

INDIA CHALLENGING US ON H-1Bs

American employers are not the only ones frustrated with the US government's application of the H-1B program. The Government of India is launching a formal complaint with the World Trade Organisation over the US' "highly discriminatory" practice of denying H-1B visas and charging excessive processing fees. Rahul Khullar, India's trade secretary says that the Indian government repeatedly has tried to get a mutually amicable resolution to the twin issues.

In the last two years American companies have seen the highest denial rates of H-1B and L-1 visa petitions, despite the fact that there has not been any legislative change by Congress or change to the USCIS' regulations.

These denial rates come on the heels of a 2010 fee hike that doubled processing fees for companies who file large numbers of H-1B or L-1 visas. The processing fees are paid regardless of whether the visas are approved or issued.

H-1B visas are used by healthcare employers to hire healthcare workers in shortage occupations such as Physical Therapy, Occupational Therapy, Medicine, Speech Language Pathology, and some nursing specialties.

DOS CLARIFIES FEE REDUCTIONS

Earlier this month, the DOS announced a reduction in the fee bill price for immigrant visa applications. Some nonimmigrant visa fee charges increased. Their initial reports indicated that new fees would go into effect on June 27, 2012.

The DOS has now announced that the new reduced visa fee bill price is in effect starting today, April 13, 2012. The DOS will not refund any fees paid at the old, higher rate. Nonimmigrants who have already paid their lower rate have until July 12, 2012 to have their interview. Any nonimmigrants who have their interview after July 12, 2012 will be invoiced for the difference between the two rates.

MAY 2012 VISA BULLETIN

The Department of State has just released the May 2012 Visa Bulletin.

As expected, this Visa Bulletin retrogressed the India and China the EB-2 categories, after several months of big progressions. The EB-3 categories had their usual modest gains of a few weeks in all categories.

The Visa Bulletin confirmed that although the Indian and China EB-2 dates were retrogressed to August 15, 2007, it is expected that these dates will progress to the prior May 2010 date with the October 2012 Visa Bulletin. The October 2012 Visa Bulletin is the first visa bulletin of the 2013 fiscal year.

The full explanation from the May 2012 Visa Bulletin:

Due to the rapid forward movement of the cut-off date, demand for China and India Employment Second preference numbers has increased dramatically during recent months, and at a much faster rate than had been expected. Therefore, it has been necessary to retrogress that cut-off date to August 15, 2007 in an attempt to hold number use within the annual limit while maintaining availability for those countries that have not yet reached their per-country limit. Notices were included in the November, January, and February Visa Bulletins alerting readers to the possibility of such a retrogression. While corrective action has become necessary earlier than was anticipated based on the information available at the time cut-off dates were determined, it is hoped that readers are not caught off guard by this retrogression.

Should additional information regarding potential demand become available, it may be necessary to take additional corrective action at any time.

Every effort will be made to return the China and India Employment Second preference cut-off date to the previously announced April date of May 1, 2010. This will be done as quickly as possible under the FY-2013 annual limits, which take effect October 1, 2012. It will not be possible to speculate on the cut-off date which may apply at that time until late summer.

May 2012 Visa Bulletin
	All Other Countries	China	India	Mexico
EB-2	Current	15AUG07	15AUG07	Current
EB-3	01MAY06	01APR05	08SEP02	01MAY06

17,000 H-1Bs through April 4

The USCIS has just informed AILA that 22,323 cap-subject H-1B petitions have been received as of April 4, 2012. Approximately 25% of these cases are for U.S. advanced degrees. Based on this announcement, approximately 17,000 of the 65,000 “regular” H-1B cap-subject petitions have been filed and 5,500 “Masters” H-1B cap-subject petitions.

Last year, the USCIS reported that 17,400 “regular” H-1B cap-subject numbers had been used through June 29, 2011. It took about 4 and one-half months for the remaining 47,600 “regular” H-1B slots to be filled. If this year’s pace were to equal last year’s pace, that would mean that the H-1B numbers would be exhausted by mid-August.

However this year’s demand seems certain to be greater than that. Last year 15,000 “regular” H-1B cap-subject H-1Bs were filed in the final month (November 2011). If the November 2011 demand is a reasonable metric for usage projection, this year’s H-1B cap would be reached approximately June 1, 2012.

VISA FEE BILL PRICE DROPPING TO $405

Immigrant visa fees always seem to be on the rise and so it is welcome news to hear that the Business Immigrant Visa Fee Bill price will be dropping from $720 to $405, a decrease of 44 percent. The Fee Bill normally is paid during the National Visa Center stage of Consular Processing for overseas foreign-nationals seeking an immigrant visa. Many healthcare workers process their green card cases at Consulates because of the unavailability of H-1B visas for certain occupations.

This drop is Fee Bill price is great news for all EB-2 and EB-3 visa applicants and their family members. The new lower Fee Bill price is not immediate operative. It is expected to go into effect June 27, 2012 unless the Department of State receives negative comments. The Fee Bill decrease is one-part of an overall suite of price changes at Consulates and Embassies. Most of the other changes are slight increases in the price charged for other visa services.