Healthcare Immigration News

NEW VISAS FOR THE IRISH?

SherryNeal — Mon, 06 Feb 2012 16:31:18 +0000

Senator Schumer (D NY) attached a bill that would allow up to 10,000 E3 visas for nationals of Ireland. If passed, it would contain the same rules that are currently used by the Australian E3 program. This would allow those in specialty occupations to obtain work authorization —- applicable to positions that require at least a bachelor’s degree such as Physical Therapists, Occupational Therapists, Medical Technologists, etc. Those who would apply under the E3 would get the advantage of applying year-round without a cap (unlike the H-1b category which is capped annually).

The measure has been hotlined in the Senate which typically means it will move faster and has a greater likelihood of passage. It was attached to S1983 which is the Senate version of HR3012 which would also eliminate the per country immigrant visa limits. HR3012 passed the House overwhelmingly by a vote of 389-15 but was stopped in the Senate by Senator Grassley.

TIP OF THE WEEK: DON’T RELY ON PREVIOUS VISA STAMPING SUCCESS

SherryNeal — Mon, 06 Feb 2012 16:26:32 +0000

A previous smooth process in getting a nonimmigrant visa at a U.S. consulate doesn’t mean the next attempt will go so smoothly. Don’t assume that if you got it once, you’ll easily get it again. The consulates have been more stringent in the review of visa applications and some people have experienced an increased delay in getting the visa — or worse yet, a denial!

There are various things that can make an application for visa issuance more problematic, including the following:

1. Work that is performed at a client site other than the H-1b petitioner’s work location;

2. A change in location from the original H-1b petition;

3. A change in status since entering the U.S. (example: change from visitor status to a work authorization status or change from student status to a work authorization status)

4. Pay that is less than what is listed on the H-1b petition (even if it was for permissible reasons such as absence out of the U.S. or maternity leave)

5. Any gaps in employment or status violations

6. Any arrests (regardless of whether the case was dismissed)

7. Common name in an area

In addition to the above problem areas, applicants can sometimes be confused by questions on the DS-160 form and actually provide an answer that is inaccurate, thus resulting in delay or even denial of the visa. Since the consequences of a long delay and/or denial of the visa can be harsh, it is prudent to seek advice from an immigration attorney to help prepare the case for visa stamping.

DHS Reforms To Attract And Retain Highly Skilled Immigrants

SherryNeal — Fri, 03 Feb 2012 18:38:02 +0000

The Department of Homeland Security issued a press release outlining some initiatives to attract and retain highly skilled immigrants. One of the proposals is work authorization for spouses of H-1b visa holders. The idea is to allow H-4 spouses to obtain work authorization when the spouse has applied for permanent residence and met a minimum period of H-1B status in the U.S. Currently, the H-4 dependents can obtain work authorization when the I-485 Adjustment of Status application is filed (which can’t be filed until the visa number becomes available).

The press release seems little more than a political maneuver to express the Obama Administration’s support of immigration during this election year, as nothing has happened legislatively on immigration during his Presidential term. The initiatives outlined in the press release are vague and do not provide any plan for when (or if) the proposals will ever be implemented.

TIP OF THE WEEK: CHECK YOUR I-94 CARD

SherryNeal — Wed, 01 Feb 2012 18:17:09 +0000

When a nonimmigrant enters the United States, the Customs and Border Patrol (CBP) will inspect the individual’s immigration documents and complete an I-94, Arrival/Departure Record. The CBP will write the following information on the card: date of entry into the U.S., type of nonimmigrant status, and date of status expiration. This document, not the visa stamped in the passport, proves that the person entered the country legally and indicates how long a person is allowed to stay in the U.S.

It is important for a person to carefully review the I-94 card after it is issued:

1. Make sure the information is correct. Sometimes CBP makes an error on either the type of entry or status expiration. Generally, if it is a CBP error, it can be easily corrected.

2. Make sure you are aware of the expiration date, which may be different from the expiration date on an approval notice. Sometimes the I-94 is issued for a shorter period of time than the nonimmigrant approval notice. For example, if the passport is expiring before the approval notice, the CBP will often issue an expiration date that corresponds with the passport expiration rather than the approval expiration. Also, if a person enters on a H-1b visa from a previous employer but fails to show the approval notice from the H-1b transfer, the CBP will issue an expiration date that corresponds with the visa expiration of the previous employer.

Because the USCIS goes by a “last document” rule, the expiration of the status will be based upon the most recent document that the foreign national received. So a person who enters the U.S. and receives an I-94 card with an expiration date that matches the passport expiration or visa expiration, will need to take action before that expiration even though the previous approval notice may have a longer expiration date. The consequences of not taking immediate action can be severe as the person accrues unlawful presence: a person who remains in the U.S. between 180 and 364 days beyond the expiration date can be prevented from re-entering the U.S. for a period of 3 years and a person who remains in the U.S. more than one year beyond the expiration date can be prevented from re-entering the U.S. for a period of 10 years.

VISA NUMBERS

SherryNeal — Tue, 24 Jan 2012 16:35:36 +0000

The Department of State recently met with AILA regarding the visa numbers. Here are a few interesting points:

Green card usage for employment-based cases has been very slow in fiscal year 2012. The number of I-485 filings has been only half of what they had estimated. The Department of State has been advancing the dates rapidly in the EB2 category to see how many cases will be filed.
The use of EB-1 numbers continues to drop. The Department of State expects that another 12,000 additional EB-1 numbers will drop down to the EB-2 category in fiscal year 2012.
About 34% of the total number of permanent visas has been used so far this fiscal year, which began onOctober 1, 2011.
When a case gets upgraded from EB3 to EB2, the case is still assumed to be in the EB3 category until the I-485 is approved for the EB2. Thus, the full impact of the upgrades has not been realized yet in the EB3 category, as some I-485 cases are still waiting for approval in the EB2 category.

TIP OF THE WEEK: RENEW HEALTHCARE CERTIFICATE BEFORE EXPIRATION

SherryNeal — Tue, 24 Jan 2012 16:20:01 +0000

Healthcare certificate holders are required to renew their certificates until they receive permanent residence. The heatlhcare certificate is good for a five-year from the date the certificate was issued. The renewal process includes re-taking the English proficiency exam unless the applicant can demonstrate employment in the United States (in the health care profession that is designated on their certificate) for at least 27–36 months (including nine months of the year before the renewal application is submitted).

CGFNS accepts renewals during the six months prior to the expiration of the VisaScreen® certificate. If the renewal is submitted during the six months before the expiration, CGFNS can use the existing educational documents from the file. An “renewal” application can be submitted after the expiration but it will require additional processing time as the applicant will need to get school records and license documents resent to CGFNS.

As a reminder the healthcare occupations that need a healthcare certificate include the following:

Registered nurses
Physical therapists
Occupational therapists
Physician assistants
Audiologists
Clinical laboratory technicians
Clinical laboratory technologists
Speech language pathologists
Licensed practical or vocational nurses

For an article about the conflicting USCIS regulations on the renewal, see The Impact of Retrogression on Healthcare Workers: Healthcare Certificate Renewals.

NCLEX RESULTS:

SherryNeal — Wed, 18 Jan 2012 14:18:25 +0000

The National Council of State Boards of Nuring has released the statistics on the number of candidates that took the NCLEX examination in 2011 and the pass rates. The report shows a drop in the number of internationally educated candidates who took the exam and a drop in the pass rate for internationally educated candidates. The more interesting aspect is the comparison during the last 5 years. For example, in 2007 there were 33,768 internationally educated candidates who took the exam for the first time whereas by 2011 the number had dropped to 9,719. Meanwhile the number of U.S. educated candidates has continued to rise every year: an increase from 119,579 in 2007 to 144,583 in 2011.

Here is a 5 year comparison regarding internationally educated candidates:

	2011	2010	2009	2008	2007
Number of internationally educated, first time	9,719	14,401	21,435	30,007	33,768
Pass rate of internationally educated, first time	33%	38%	42%	45%	52%

Number of internationally educated, repeat test takers	13,547	15,777	19,187	21,366	20,451
Pass rate of internationally educated, repeat test takers	20%	21%	24%	25%	25%

NPTE Test Date

admin — Tue, 17 Jan 2012 19:50:09 +0000

NPTE TEST DATES:

April 26, 2012
July 17, 2012
October 30, 2012

FAQ

NPTE Test Date

admin — Tue, 17 Jan 2012 19:39:22 +0000

NPTE TEST DATES:

April 26, 2012
July 17, 2012
October 30, 2012

FAQ

NPTE Test Date

admin — Tue, 17 Jan 2012 19:36:08 +0000

NPTE TEST DATES:

April 26, 2012
July 17, 2012
October 30, 2012

FAQ