Friday, June 29, 2007
July 2007 Visa Bulletin to be revised?
"We are hearing from multiple sources that, on Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.
This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted.”
If this is accurate, Adjustment of Status cases (I-485 cases) filed in July will all be rejected and returned to us and no AOS (I-485 cases) could be filed in July. It would also effectively cancel all Immigrant Visa appointments at US Consulates. We will provide further updates as they become available.
HLG Immigration Alert
Thursday, June 28, 2007
Dead?
...And a special thanks to the posters who provided a nice play by play for others who could not access CSPN.org.
UPDATE: Thanks to the diligent posters who recognized that Freddy Kruger is from Nightmare on Elm Street and Jason is the villian from Friday the 13th!
USCIS SUSPENDS PREMIUM PROCESSING OF I-140s
The USCIS' press release can be accessed here: http://www.aila.org/content/default.aspx?docid=22772
Cloture Vote at 10.50AM ET
Senate leadership has called for another cloture vote. This one at 10.50 AM ET today. The purpose of such a vote is to see if there is still momentum to move ahead with the Senate's CIR. Yesterday HLG received word that there will be no amendment offered to help Schedule A nurses and PTs, and employment-based immigration may only be available in a limited form.
Suffice it to say there is no longer any reason to support this bill. HLG's hope is that the bill is declared dead and then the immigration community can get back to advocating for targeted immigration reform, which in our community is liberalized Healthcare immigration.
Tuesday, June 26, 2007
Immigration Bill Clears Test Vote in Senate
The Senate has just voted to revive CIR. The 64-35 vote provides enough cover for the Senate leadership to move ahead.
The Senate will take the next few days to consider a range of amendments that have been crafted and floated. At this point no-one knows which will or will not be offered. And surely no-one knows which will be approved. Look for a final vote as soon as Thursday. It could stretch into next week however.
Sunday, June 24, 2007
Senators Renew Debate on Immigration Bill
“I believe we will pass the bill, and I think we have good support among the Republican Party,” said Senator Edward M. Kennedy, from Massachusetts, who is the chief Democratic architect of the bill and has been its staunchest defender. “And the reason we’re going to pass this bill is because it’s tough, fair and practical,” he said on the ABC News program “This Week.”
But it is unclear which amendments will be offered, and whether a parallel employment based track (incl. Schedule A relief) will be included.
Sunday, June 17, 2007
Strategically Thinking About Schedule A
HLG's Chris Musillo just had his article, Strategically Thinking About The Retrogression of Schedule A Occupations, selected for publication in the 2007-08 AILA Annual Immigration & Nationality Law Handbook. The article talks about the history of Schedule A, retrogression, approaches during retrogressed periods, and suggestions for government legislation.
Friday, June 15, 2007
Senate CIR Redux
Senate Democratic and Republican leaders announced on Thursday that they had agreed on a way to revive a comprehensive immigration bill that was pulled off the Senate floor seven days ago.
The majority leader, Harry Reid, Democrat of Nevada, and the minority leader, Mitch McConnell, Republican of Kentucky, said they expected the bill to return to the floor before the Fourth of July recess.
In a joint statement, Mr. Reid and Mr. McConnell said: “We met this evening with several of the senators involved in the immigration bill negotiations. Based on that discussion, the immigration bill will return to the Senate floor after completion of the energy bill.”
There are many amendments that will be added to the CIR. At this point no one knows exactly which will be offered and approved, so it is difficult to speculate as to how this will impact Healthcare Workers. HLG believes that an amendment to reintroduce employer-sponsored immigration is in the plans.
Thursday, June 14, 2007
Immigration Alert: Retrogression solved... temporarily
What does this mean?
For applicants waiting for interviews at the consulate: the foreign national may proceed with the consulate interview after the National Visa Center or the consulate schedules an interview. It is expected that it will take the NVC some time to begin issuing appointment dates, as there are thousands of cases that have stacked up during the period of retrogression.
For applicants with labor certification approvals: the foreign national may proceed with concurrent filing of the I-140 and I-485 applications.
For applicants with approved I-140 petitions: the foreign national may proceed with the I-485 Adjustment of Status or consular interview, depending upon which option the foreign national is choosing.
For applicants in the U.S. on temporary status who are eligible to bypass labor certification (e.g. registered nurses, physical therapists, National Interest Waivers, Exceptional Ability Aliens, etc.): the foreign national may proceed with concurrent filing of the I-140 and I-485 applications.
Hammond Law Group clients who are proceeding with I-485 Adjustment of Status should click here: http://www.hammondlawfirm.com/485step_by_step.htm and begin working through the four step process to gather the documents that we need to prepare the I-485 application. Once you have gathered the items listed at Step One and have completed the G-325A at Step Two, please mail all of the items to your HLG attorney and they will immediately begin working on the I-485. You should also indicate if you would like to have Employment Authorization Documents (EADs) and Advance Paroles (APs) filed on your behalf and your families’ behalf. You may want to schedule a time to speak with your HLG attorney to discuss these issues. However, please send the documents immediately.
These dates will remain current until at least August 1, 2007. However, USCIS fee increases go into effect on July 30 2007, and may last until October. Therefore, your Hammond Law Group attorney will be working expeditiously to get the cases filed before the fee increases go into effect, subject to cooperation from the foreign national in sending the documents to us timely.
Wednesday, June 13, 2007
Retrogression is over! At least until October.
The main question that our clients have been asking us is: Why did this happen? Here is why: The USCIS is authorized by Congress to approve 140,000 employment based immigrant visas per year (including dependents). This year the CIS (and DOS) are falling far short of those numbers; thus they are aggressively moving those dates. HLG expects that the dates will stay current until the October bulletin. Until then we should see many needed workers enter the US. This is fantastic news!!
In October the numbers will likely retrogress again; but for a few months – paradise. (FYI_ the US fiscal year runs from October 1 – September 30).
Tuesday, June 12, 2007
Kyl: CIR can be finished in a few days
Friday, June 08, 2007
CIR CLOTURE FAILS, SO WHAT DOES THAT MEAN
As everyone is surely aware the Senate's two cloture votes failed. This means that the bill is still available to be amended. Sen. Reid, who is the majority leader, has temporarily pulled the bill, which means that no formal action can take place.
HLG is reasonably confident that the bill is still being worked on behind the scenes. A lot of Senators have burned a lot of political capital in order to get this far. HLG thinks that this summer we'll see a lot of these "CIR is dead" headlines, soon followed by "CIR back on?" headlines.
For Schedule A nurses and PTs, this means we can re-focus on the bridge legislation. As we noted yesterday the bridge was offered as an amendment to CIR. That was strategic of course. The terms of the bridge are pretty clear, as one can tell from reading the amendment that was offered by Sens. Schumer, Hutchison and Durbin.
Going forward we’re still very committed to the bridge and will recommence pushing it asap.
Thursday, June 07, 2007
Progress at last
All of this is great news.
Of course the Senate’s CIR is looking deader by the minute. We should know by the day's end if it will succeed or fail. Still, the Hutchison amendment is great news and shows that there is still a lot of momentum for bridge legislation.
Tuesday, June 05, 2007
medicalMonitor - June 2007
the monthly healthcare immigration eZine
published by Hammond Law Group, LLC
JUNE 5, 2007 VOL. IV ISSUE 6 (JUNE 2007 ISSUE)
Visit www.HammondLawFirm.com
Keep up with the latest Immigration News by signing up for all of Hammond Law Group LLC's free publications: Immigration Alerts, Medical Monthly Monitor and Business Immigration Quarterly. http://www.hammondlawfirm.com/mailing_list.htm
HLG Blog: Retrogression Battle
Read about HLG’s ongoing effort to work on Congress to have a Schedule A visa bill passed that ends retrogression. This month’s Blog entries include: the Senate’s chances at passing CIR, the Cantwell amendment, your advocacy responsibility, and many other entries. Are you checking it regularly?
http://hammondlawgroup.blogspot.com/
NFAP: The Point System’s Impact on Foreign Nurses and other Potential Immigrants
Foreign nurses, vital to addressing America’s nursing shortage in the midst of an aging U.S. population, would be unlikely to gain entry to the United States under the immigration point system contained in S. 1348, the Senate immigration bill. Other categories of professionals and skilled individuals are also unlikely to become immigrants under the new – and perhaps inappropriately named – “merit” visas. Internationally renowned actors, athletes, physicians in rural areas, factory managers, certain executives and possibly even Nobel Prize winners may all be left out due to fundamental flaws in the legislation. http://www.nfap.com/pdf/0706pointsystem.pdf
Jacksonville Biz Journal: Demand for Physical, Occupational, Speech Therapists Growing
As the population grows more abundant and older, new graduates in physical and occupational therapy and speech language pathology are finding jobs more quickly. The U.S. Department of Labor Bureau of Labor Statistics ranks physical therapy as one of the 20 fastest growing occupations, as it expects their ranks to increase almost 40 percent from 155,000 in 2004 to 211,000 in 2014.
http://jacksonville.bizjournals.com/jacksonville/stories/2007/05/14/story10.html?f=et163&b=1179115200%5e1460003&hbx=e_vert
East Bay: Lab Techs in Short Supply
California is paying for community college programs to train a new mid-level classification of laboratory technician, but the state is so backlogged it can't process the applications for licenses allowing graduates to work. http://eastbay.bizjournals.com/eastbay/stories/2007/05/14/story3.html?f=et163&b=1179115200%5e1461098&hbx=e_vert
USCIS Filing Fees Increase
The USCIS has announced that as of July 30th there will be a new fee structure implemented in an effort to reduce processing times by the end of fiscal year 2009. The final rule is based on the USCIS’s proposed fee structure released on February 1, 2007 and comments submitted by more than 3,900 individuals and organizations. http://www.hammondlawfirm.com/alerts/USCIS_filing_fee_increase.htm
Visa Bulletin Dates Leap Ahead
The Department of State (DOS) has released its June Visa Bulletin. If your Labor Certification was filed prior to the date listed above (or in the case of a Schedule A occupation, your I-140 was filed prior to the date listed above), your case is eligible for an immigrant visa (a.k.a. green card). http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
Compromised PT Exam
FSBPT has determined that they believe there has been cheating in the Philippine PT Exams (two study centers having students memorize one question each to recreate the entire exam). Therefore they have stopped issuing results for any Philippine candidate, both to the candidate and to the state board. They are conducting an inquiry, the letter has very broad language and in a telephone conversation with someone from FSBPT, it was reported to an HLG client that no one is safe (i.e. potentially, even if they are already licensed and in the United States, there could be action).
http://hammondlawgroup.blogspot.com/2007/05/compromised-pt-exam.html
FY2008 H-1B Master’s Cap Reached
US Citizenship and Immigration Services (USCIS) announced Friday May 4th, that it has received a sufficient number of petitions to meet the 20,000 H-1B master’s cap exemption for those individuals who have earned a master’s degree of higher from a US institution. The “final receipt date” for these cases is April 30, 2007. Any cases received on or after May 1, 2007 requesting to be counted under the US master’s cap exemption will be rejected and returned unless otherwise eligible for a separate cap exemption.
http://www.uscis.gov/files/pressrelease/H1Bfy08CapUpdate050407.pdf
DOL: No More LC Substitutions Starting July 16
The DOL is expected to publish a long-awaited regulation that will eliminate the substitution of Labor Certifications, as well as restrict the use of Labor Certifications. HLG has seen an advance copy of the rule. http://www.hammondlawfirm.com/alerts/no_more_labor_certification_subtitutions.htm
NYC Symposium
The Symposium was a success. We had approximately 100 healthcare staffing companies, hospitals, facilities, LT care clinics, agencies, and recruiters. The event was completely sold out.
http://www.hammondlawfirm.com/hc_symposium_5_2007ver2.htm
PROCESSING TIMES CHART
Hammond Law Group, LLC Event Calendar
June 6
Immigration of Healthcare Professionals
West Central Florida
Judy Pendergast will be speaking at this West Central Florida Healthcare Recruiters Association event.
June 9-10
Marskell Health Careers Interaction: Toronto
Register for the Recruitment Forum
Hilton Toronto
Mike Hammond will be speaking at the Recruitment Forum.
Visit HLG at Booth #16
June 13-16
AILA Annual Conference on Immigration Law
Orlando World Center Marriott Resort & Convention Center
Chris Musillo will be speaking at this event.
July 11
Ohio State Bar Association CLE Institute: Immigration Law (6.0 CLE)
Ohio State Bar Association in Columbus, Ohio
Sherry Neal will be speaking at this event.
July 12
Dinner with Immigration Attorneys
Askash India Restaurant in Downtown, Cincinnati
Discuss immigration issues in a casual environment.
July 31
Immigration Law Update: Ensuring Compliance to Avoid Costly Fines and Minimize Liability Risks
Exact Location TBA in Cincinnati, Ohio
Sherry Neal will be speaking at this event.
August 9
Dinner with Immigration Attorneys
O'Charley's Restaurant in Tri-County Area
Discuss immigration issues in a casual environment.
September 13
Dinner with Immigration Attorneys
P.F. Chang's Restaurant at Union Centre
Discuss immigration issues in a casual environment.
September 24-26
Staffing Industry Analysts, Inc.
Healthcare Staffing Summit
Chicago Sheraton
Mike Hammond and Chris Musillo will be attending this event.
October 2
Dinner with Immigration Attorneys
Casa Tequila Restaurant in Fairfield, Ohio
Discuss immigration issues in a casual environment.
They'rrrreeee Baaaccckkkk
Prognosticators of all stripes are weighing in on the likelihood of the Senate passing the bill. The predictions range from a passed bill to its destruction. Here is a smattering of news articles discussing the bill’s chance of success:
Bloomberg News
NY Times
USA Today
Fox News
AILA
Saturday, June 02, 2007
Cantwell amendment
The amendment does offer one small, but significant change versus the current system. This change impacts many readers of this blog. It only allows sponsorship for “professional” EB3 workers, and eliminates the “skilled worker” provision of the current system. The significance of the change is that the line between “professional” and “skilled worker” is usually drawn between nurses and physical therapists. A professional occupation is one which requires a Bachelors degree for employment; a skilled worker is one which does not.
The proposed amendment does not change the merit system. The amendment’s co-sponsors feel that by leaving the agreed upon merit system in place, and merely augmenting the proposed immigrant visa program, that the amendment has a chance for success.
Those in the know are optimistic that the amendment can be passed next week, although the odds are certainly against – in its current form. The main problem is the introduction of 140,000 extra visas into the system. Many restrictionists will loudly work against this amendment.
Sen. Cantwell surely did not intend to strike nurses from this amendment. Rather she assumed that skilled workers could take advantage of the permanent residency opportunities offered in the merit-based system. It remains to be seen if the Cantwell amendment can be altered, or if a legal argument can be made that overseas nurses, who almost all have bachelor degrees, can be squeezed into the amendment in its current form.