H-1b US Masters Exemption
14800 of 20000 visas
H-1b Regular Cap
36700 of 65000 visas
Posted by admin on February 20, 2007 in Uncategorized
We’ve had a few clients ask us what happened with the proposal to graft our Schedule A 90,000 visa exemption to the February 15th Continuing Resolution. Unfortunately Congressional leadership did not allow any amendments or earmarks to be attached to that bill — immigration, healthcare, or otherwise.
We’re still encouraged by Sen. Coleman’s bill and by other activity out of the Senate.
Posted by admin on February 15, 2007 in Uncategorized
Tomorrow Sen. Coleman will unveil his Comprehensive Rural Health Initiatives. While downplayed in the following release, HLG has seen an advance copy of the legislation and Section 4 of the bill includes the long-desired Brownback amendment, which calls for Schedule A occupations to be eliminated from the EB quota until 2017. Once the legislation is formally released, HLG will post a blog entry.
This is a very impressive step. If you have any friends in Minnesota, you should drop the Senator an email/fax/phone call and tell him THANKS! HLG will be keeping in touch with him to see if/how we can push this bill.
We’re also optimistic that another Schedule A visa exemption bill will be floated in the upcoming week or two. More on that one as the facts are released.
Posted by admin on February 12, 2007 in Uncategorized
While we’re quite optimistic that retrogression will be solved in the near future, HLG is aware that many clients and friends have questions about retrogression, the H-1 cap, and other related issues. With that in mind, HLG offers this Retrogression FAQ. Please feel free to distribute and share this with your clients and friends.
RETROGRESSION FAQ: FOR NURSES AND PTs
Q: What is the latest on retrogression for Schedule A (Registered Nurses and Physical Therapists) I-140 petitions?
A: Immigrant Visas are still currently unavailable for Registered Nurses and Physical Therapists. Hammond Law Group is actively involved in the lobbying effort to obtain a legislative solution. Several bills have been proposed in Congress that would either provide either additional visas for nurses and physical therapists or exempt them from the quota entirely. We will make an immediate announcement when this legislation is passed, but until that time, updates can be found on the Retrogression Advocacy Blog of the Hammond Law Group, LLC website at: http://hammondlawgroup.blogspot.com/
Q: Will it really take four or five years for me to get the green card?
A: Hammond Law Group, LLC firmly believes that there will be a legislative resolution to the problem of retrogression for Registered Nurses and Physical Therapists in the very near future. Therefore, we believe that these visas will be available again soon. When the same situation occurred a few years ago, additional visas were made available within six months. Presently, visas have been unavailable for only a few months. As noted above, legislation has already been proposed in Congress that would either provide additional immigrant visas or exempt Schedule A occupations from the quota entirely. Finally, as a reminder, Schedule A occupations are those designated as national shortage occupations by the United States Department of Labor. Therefore, there is strong motivation for this type of legislation to be passed.
Q: If I am a Physical Therapist, should I file for the “green card” or for the H-1B?
A: That decision will depend upon a number of factors. First, it is important to note that because “Physical Therapist” requires at least a Bachelor’s degree, the position is eligible for H-1B status. However, there is also an annual quota for H-1Bs. There are currently only 65,000 H-1Bs available each fiscal year. An H-1B petition can be filed up to six months in advance, therefore, H-1B petitions for the next fiscal year (October 1, 2007 through September 30, 2008) will be accepted beginning April 1, 2007. Regardless of when that petition is approved, the Physical Therapist cannot enter the United States for employment until the first day of the new fiscal year – October 1, 2007.
The green card case involves three steps: obtaining an approved I-140 from the USCIS; National Visa Center “NVC” processing; and the immigrant visa interview at the U.S. Consulate. If the employer starts the green card process now, the I-140 can be approved and the approved case will be sent to the NVC. This process may take a few weeks or up to six months (depending upon which service center handles the case and whether premium processing is used). However, when the approved case is forwarded to the NVC, the case will be placed on hold. The National Visa Center is not currently “pre-processing” Schedule A cases (they are not issuing Fee Bills or collecting the required documents generally referred to as “Packet III). Processing will not resume until visas are available. Therefore, it is uncertain when the Physical Therapist will be able to enter the United States based upon a green card case. This will depend on when retrogression is resolved and how long it then takes to obtain an interview.
While there are other issues to be considered (for example, a spouse only obtains employment authorization in the green card process) generally the decision is based upon which process will allow the Physical Therapist to enter the United States sooner. At this point we know that the Physical Therapist will not be able to enter in H-1B status until October 1, 2007. If an individual has not yet filed the Immigrant Petition for Alien Worker (Form I-140) it is very likely that the H-1B process will be faster. Note, however, that this depends on when retrogression is resolved and how long it takes the Consulates to schedule interviews for all of those waiting during retrogression. If retrogression is resolved quickly and the employer uses premium processing for the I-140 it is at least theoretically possible (although unlikely) that the green card could be as fast or faster than the H-1B process. This decision changes when the H-1B cap is reached.
Q: What do I need to file for H-1B status?
A: To file for H-1B status, the Physical Therapist will need an offer of employment in the United States and will need a Physical Therapist license in the State of intended employment at the time of filing. A Healthcare Worker Certificate will be required at time of the H-1B nonimmigrant visa interview. This is an important distinction between the ‘green card’ process and the H-1B process. For the ‘green card’ process the Physical Therapist needs only a letter from the state of intended employment indicating that he or she is eligible to sit for the National Physical Therapy Examination (NPTE). The actual U.S. PT license is needed for H-1B status. If the Physical Therapist does not have the required license then H-1B status is not available. Some individuals are unable to obtain visitor visas to the United States to take the NPTE. Those individuals may need to file for the green card rather than H-1B status.
Q: How will I know if my case will be approved before the H-1B quota is reached?
A: For purposes of the H-1B quota, it is the date of filing that is important not the date of approval. The USCIS will announce when they have received enough petitions to reach the quota and therefore no more petitions will be accepted. Last year, this announcement came in late May and once the announcement is made, the USCIS will not accept any further petitions. When the USCIS confirms that have received enough petitions to reach the quota, they will announce that petitions filed by that date will be included within the quota. We expect that the quota may be reached even earlier this year and are recommending that all H-1B petitions be ready to file on April 1, 2007.
Q: What if I do not have my license by April 1, 2007?
A: There are some exceptions, for example H-1B status may be granted for a one year period if the applicant is issued a temporary license. Additionally, if you have met all requirements and are waiting for license issuance or you are licensed in another state and seeking endorsement, it may be advisable to file the H-1B petition on April 1, 2007 in light of the quota. Each case will need to be reviewed individually. We recommend that you discuss this issue with your attorney.
Q: Can I file for both H-1B status and the green card?
A: There is nothing that prohibits a Physical Therapist from filing for H-1B status and a green card. For example if an Immigrant Petition for Alien Worker (Form I-140) has already been filed, the Physical Therapist can still seek and obtain H-1B status. If the petitions are filed by different employers, we recommend that you discuss this issue with your attorney.
Posted by admin on February 9, 2007 in Uncategorized
HLG has confirmed that the Senate leadership is comfortable with a proposal to solve retrogression for Schedule A occupation — registered nurses and physical therapists. It was through grassroots advocacy that we were able to explain to the Senate leadership just how important this issue is. Thank you to everyone who made an effort.
We now must turn our efforts toward the House.
If anyone works with or at any hospitals in the following Representatives’ districts, please contact Chris Musillo (cmusillo@hammondlawfirm.com; 513-381-2011 x223) ASAP.
Rep. Lofgren (D – CA) : 16th District – San Jose
Rep. Eshoo (D- CA) : 14th District – San Francisco, San Jose, Santa Cruz
Rep. Pelosi (D – CA) : 8th District – San Francisco and north
Essentially anyone who is located in the Bay Area and wants to see retrogression solved should contact their hospital leadership and see if they are willing to make a few phone calls and sign onto a letter. If they are willing to do that, please let Chris know ASAP. Chris can then explain exactly what needs to be done.
THIS IS VERY IMPORTANT.
We’re getting close.
Posted by admin on February 7, 2007 in Uncategorized
Several websites have reported that the SKIL Bill, or even the full CIR has been attached to the current Fair Minimum Wage Act (HR 2; S 2). This appears to be untrue: neither are part of the Fair Minimum Wage Act. The reports stem from an error with THOMAS, the Library of Congress’ on-line legislative information database.
Posted by admin on February 5, 2007 in Uncategorized
Long-time AILA advocate, Judy Golub, predicts in Texas Civil Rights Review, that we will have CIR by October or not at until 2009. CIR, of course, is the broad-ranging Comprehensive Immigration Reform passed by last year’s Congress. Golub’s comments reflect the reality that no Presidential candidiates will want immigration reform as a significant campaign issue.
Golub also lays out a “get what we can” scenario. Readers of HLG’s blog should note that the Healthcare lobby’s current approach is best be described as a “hope for CIR,” but plan for “get what you can.” Accordingly a three-tiered “get what you can” approach is being used:
1. Attach to the Feb. 15 CR: Odds = 20%
2. Stand-alone 90,000 Schedule A Recapture this spring: Odds = 75%
3. Attach to the Spring Iraq War Funding Bill: Odds = 50%
As always this is an extremely fluid situation. HLG does it’s best to report what we are hearing — good or bad. The odds can change at a moment’s notice. The only way to impact the odds is to contact one’s Congressional representatives and to get all of your friends and neighbors to do likewise.
Posted by admin on in Uncategorized
Long-time AILA advocate, Judy Golub, predicts in Texas Civil Rights Review, that we will have CIR by October or not at until 2009. CIR, of course, is the broad-ranging Comprehensive Immigration Reform passed by last year’s Congress. Golub’s comments reflect the reality that no Presidential candidiates will want immigration reform as a significant campaign issue.
Golub also lays out a “get what we can” scenario. Readers of HLG’s blog should note that the Healthcare lobby’s current approach is best be described as a “hope for CIR,” but plan for “get what you can.” Accordingly a three-tiered “get what you can” approach is being used:
1. Attach to the Feb. 15 CR: Odds = 20%
2. Stand-alone 90,000 Schedule A Recapture this spring: Odds = 75%
3. Attach to the Spring Iraq War Funding Bill: Odds = 50%
As always this is an extremely fluid situation. HLG does it’s best to report what we are hearing — good or bad. The odds can change at a moment’s notice. The only way to impact the odds is to contact one’s Congressional representatives and to get all of your friends and neighbors to do likewise.
Posted by admin on February 2, 2007 in Uncategorized
Our contacts in Washington have told us that there is a growing chance of a bill to recapture as many as 90,000 visas. The language of the draft bill that we’ve seen calls for a full recapture of the unused visas from 2000-04.
EVERYONE should contact their Congressman and let them know just how important this is.
Posted by admin on February 1, 2007 in Uncategorized
The USCIS is proposing raising average immigration filing fees by 66%, as soon as June 2007. The USCIS’ press release attempts to draw a distinction between this immigration fee increase, which is targeted at meeting service goals, and other fee increases, which were inflation-driven. The USCIS has developed a “portal page” that contains relevant information about the proposal: View Proposal on USCIS Website
USCIS’ goal is to effect a 20% reduction in average processing times by 2009. Some commentators have questioned why a 66% increase is needed to effect only a 20% increase in average processing times. These critics also point to the USCIS’ history of announcing processing time goals while never actually meeting these goals. The USCIS understandably differs and points toward increasing costs which are necessary in order develop and maintain “the type of exceptional immigration service our nation expects and deserves.”
The public is invited to comment on the proposed fee increases by email, fax, or regular mail. The instructions are on page three of this document. Proposed Rule Document at USCIS Website
Once the comment period is over, the USCIS will consider the comments and announce which fee increases will be implemented. It is entirely possible that all proposed fee increases will go into effect regardless of the public’s comments. That having been said, federal law compels the USCIS to consider all comments.
HLG is in the process of preparing our comments to the proposed fee increase. As is our custom we will release our comments to the public. We also invite any clients to contact us if they would like our assistance to help them prepare their comments.
One significant legislator has already chimed in. Just this morning Representative Zoe Lofgren (D-CA), Chair of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law, issued this statement: “Although I want to ensure that USCIS has the necessary resources to carry out its mission, the scope and scale of this fee increase on immigration applications raises many questions for me. I plan to carefully examine the USCIS’ new study and the justification for this increase with my colleagues on the Immigration Subcommittee before its implementation. Changes in the current fee structure must be fair and reasonable.”
The actual fee increases are published on page 86 of this document. For HLG clients, the fee increase targets some of the most popular processes:
Form No.
Old Fee
Proposed Fee
Difference
I-90
$ 190
$ 290
$ 100
I-129
$ 190
$ 320
$ 130
I-131
$ 170
$ 305
$ 135
I-140
$ 195
$ 475
$ 280
I-485
$ 325
$ 905
$ 580
I-765
$ 180
$ 340
$ 160
Posted by admin on January 26, 2007 in Uncategorized
Yesterday the House of Representatives named its Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. The Subcommittee has jurisdiction over the following subject matters: immigration and naturalization, border security, admission of refugees, treaties, conventions and international agreements, claims against the United States, federal charters of incorporation, private immigration and claims bills, non-border enforcement, other appropriate matters as referred by the Chairman, and relevant oversight.
The Committee members are below. Why wait? If you’re Congressman is on the list start calling and emailing him/her about Schedule A retrogression relief. Everyone’s contact information can be accessed at the above link.
Hon. Lofgren Chairman
(D) California, 16th
Hon. Gutierrez
(D) Illinois, 4th
Hon. Berman
(D) California, 28th
Hon. Jackson Lee
(D) Texas, 18th
Hon. Waters
(D) California, 35th
Hon. Meehan
(D) Massachusetts, 5th
Hon. Delahunt
(D) Massachusetts, 10th
Hon. Sánchez
(D) California, 39th
Hon. Davis
(D) Alabama , 7th
Hon. Ellison
(D) Minnesota, 5th
Hon. King Ranking Member
(R) Iowa, 5th
Hon. Gallegly
(R) California, 24th
Hon. Goodlatte
(R) Virginia, 6th
Hon. Lungren
(R) California, 3rd
Hon. Forbes
(R) Virginia, 4th
Hon. Gohmert
(R) Texas, 1st