Here is a list published by ComputerWorld of the employers who received approval from the U.S. Citizenship and Immigration Services (USCIS) for new H-1B visas in federal fiscal year 2009.
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When: Wednesday, February 10, 2010
Time: 11:00 a.m. – 12 noon PST
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Reserve your space now | This will be a most informative teleconference that you will not want to miss.
Our Agenda will be as follows:
In this conference, we will convey critical and comprehensive information to our clients and readership which we are making public and are offering at no charge.
In the last year, signs have been in place concerning greater enforcement and over-burdensome Requests For Evidence (RFE’s) by USCIS, including site visits by 4 federal agencies (USCIS, DHS, FDNS and DOL). Higher standards are being imposed with each filing season for all employers who file H-1B petitions for degreed professionals.
We are seeing that this is not just taking place with H-1B initial filings, but with extensions, L visas and we have even heard of site visits to employers who filed O-1 petitions.
Our Featured Speaker: Thomas Joy, Supervising Attorney | Immigration Solutions
Immigration Solutions’ supervising attorney, Thomas Joy, will moderate this conference. Mr. Joy has over 25 years’ practicing immigration law with some of the leading firms in the nation. Mr. Joy has been interviewed on television regarding current immigration issues, has published articles on various current immigration concerns, and has conducted seminars for corporations, law firms and professional organizations, both in and outside of the USA. He travels throughout the USA and the world representing clients at USCIS offices and US embassies and consulates. In addition, he advises and accompanies employers and recruiters on international recruitment drives who seek the top candidates in the IT and healthcare industries.
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The January edition of our InFOCUS news and podcast is now available. Hope you enjoy it!
DHS employees are being asked to volunteer for assignments at U.S. diplomatic missions to help State Department officials review applications for visas.
The assignments, “some of which are located in high-threat areas,” would last at least 30 days, the notice states.
ICE agents already are posted in a dozen countries to weed out applications from potential terrorists or criminals, but the new notice seeks people to conduct in-depth background checks and write intelligence reports. Federal officials told CNN they would back up State Department officials who lack law-enforcement experience to look for security threats.
After meeting with his homeland security and counterterrorism team Tuesday, Obama told reporters that the government “has to do better” to stop attacks like the December 25 attempt to blow up Northwest Airlines Flight 253.
Additionally, U.S. anti-terrorism officials are pushing to get more air marshals on American jetliners and beef up efforts to screen visa applicants overseas after some stinging criticism from President Obama.
Internal notices issued Tuesday and Wednesday by the Department of Homeland Security is asking employees to step up to train as air marshals and to serve at U.S. diplomatic posts abroad. Both moves follow Obama’s call for immediate reforms to prevent the kind of “potentially disastrous” failure involved in the unsuccessful attempt to bomb a U.S. jetliner on Christmas Day.
There’s been alot of chatter today about the introduction of Rep. Gutierrez’ (D-IL) immigration bill that is called Comprehensive Immigration Reform for America’s Safety and Protection (CIR ASAP).
Yesterday, Rep. Gutierrez stated, “We have waited patiently for a workable solution to our immigration crisis to be taken up by this Congress and our President. The time for waiting is over.”
To address some of the key points:
Backlog Reduction: This would be a recapture of unused employment-based visas from previous years (1992 – 2008) with an allowance for future unused visas to roll over the next year; exempting spouses and children from the annual cap; increasing the country quotas; the ability to file for AOS (adjustment of status; i.e. green-cards) before a visa number is available by paying a fee of $500, even thought a visa cannot be issued until a visa number is available. This does, however, allow for work authorization, travel authorization and maintenance of status.
Employment Verification: Would make E-Verify work verification mandatory for all employers by phasing in current employees and new hires; would impose additional pealties on employers’ failure to follow the E-Verify program.
H-1B and L-1 Nonimmigrant Visas: Would impose requirements on employers to recruit US workers before applying for an H-1B and would increa3se penalties for H-1B violations. Would create penalties for L-1 violations.
The Undocumented: Would create a 6-year ‘conditional’ non-immigrant status for undocumented (illegal) foreign nationals in the USA. This would include work authorization and travel authorization; would waive unlawful presence bars and provide a path to permanent residence (green-card) and citizenship.
The Immigration Policy Center has an excellent 6-page more detailed review of the bill which we link to.
AILA applauded the introduction of Rep. Gutierrez’ Bill and stated, “We know how dedicated Rep. gutierrez is to immigration reform,” commented Bernie Wolfsdorf, president of AILA. “Gutierrez has long been a strong and vocal leader in the CIR movement. We look forward to analyzing this new CIR bill and hope to work with him and other members of Congress to fix our nation’s dysfunctional immigration system and help spur the country back to economic recovery.”
AILA further stated: Already, the Congressional Progressive Caucus, the Congressional Asian Pacific American Caucus and members of the Congressional Black Caucus have endorsed the bill as a solution to both stem illegal immigration and promote legal migration that will protect and strengthen our nation’s economic and national security.
Gutierrez explained at his press conference yesterday that the Senate will still take the lead on debating immigration reform with a bill to be introduced by Sen Charles Schumer (D-NY), Chair of the House Judiciary Subcommittee on Immigration. Janet Napolitano (DHS Secretary) has indicated that they have provided extensive technical assistance to Schumer and his staff as they draft the bill that is predicted to be introduced early 2010.
We will continue to report on any and all news and progress on the immigration reform front.
If you’re interested in more reading….Homeland Security Today NY Times ABC News The Hill
This is the 2nd in a series where we are addressing the specifics concerning what types of nurse positions qualify for H-1B visas and what criteria both the employer and nurse must meet.
If you missed our first Client Alert on this topic where we provided an overview and specifically discussed the category of Advanced Practice Nurses, let us know and we will send you a copy.
…A brief recap before we discuss the Clinical Nurse Specialist category:
What Positions Qualify for H-1Bs and will meet the Requisite Requirements?
Category 1: The first category of nurses who generally will be approved is the certified advanced practice registered nurse (APRN) category that includes:
· Clinical Nurse Specialists (CNS’)
· Certified Registered Nurse Anesthetist (CRNAs)
· Certified Nurse-midwives (CNMs)
· Certified Nurse Practitioners (NPs) fall within this category
If an APRN position requires the employee to be certified in that practice, the nurse must possess an RN, at least a Bachelor of Science in Nursing, and some additional, graduate-level education. CNSs include Acute Care, Adult, Critical Care, Gerontological, Family, Hospice, Palliative Care, Neonatal, Pediatric, Psychiatric and Mental Health-Adult, Psychiatric and Mental Health-Child, and Women’s Health nurses. NPs include Acute Care, Adult, Family, Gerontological, Pediatric, Psychiatric & Mental Health, Neonatal, and Women’s Health nurses.
Category 2: The second category of nurses who may qualify for the H-1B are those in administrative positions requiring graduate degrees in fields such as nursing or health administration.
Category 3: A final, more subjective group that may receive H-1B approval includes those who have a nursing specialty such as critical care and peri-operative nurses, or who have passed examinations based on clinical experience in school health, occupational health, rehabilitation nursing, emergency room nursing, critical care, operating room, oncology, and pediatrics, ICU, dialysis, cardiology – but who are not APRNs.
What is a Clinical Nurse Specialist?
CNS’ plan, direct, or coordinate the daily patient care activities in a clinical practice. Ensure adherence to established clinical policies, protocols, regulations, and standards.A CNS is an advanced practice RN who functions as a health care provider, educator, consultant, researcher, leader/administrator and/or case manager.It is the CNS who often sets the standards for quality patient care; trouble shoots problems and crises; anticipates complications and helps to prevent their development; and views the individual, family or group within the context of a whole system.The CNS usually has a specialty practice area such as diabetes, cardiology, respiratory, pediatrics or psychiatric-mental health.
The three domains of CNS practice, known as the three “spheres of influence”, are the patient/family, nursing personnel and system/network organization. The three spheres are overlapping and interrelated, but each sphere possesses a distinctive focus.n each of the spheres of influence, the primary goal of the CNS is continuous improvement of patient outcomes and nursing care.
Sample job titles that would qualify: Critical Care Clinical Nurse Specialist, Clinical Nurse Specialist, Intensive Care Unit Clinical Nurse Specialist, Cardiology Clinical Nurse Specialist, Cardiothoracic Surgery Clinical Nurse Specialist, Emergency Department Clinical Nurse Specialist, Nurse Clinician, Pediatric Clinical Nurse Specialist
The Department of Labor, Division of Employment & Training Administration Occupation Information Network (known as the O*NET) lists the following specific tasks associated with the position:
Education:Many of these positions might require graduate level preparation, such as a master’s degree, or master’s level coursework, or a bachelor’s degree with extensive on-the-job experience. Related Experience:Extensive skill, knowledge, and experience are needed for these occupations.
For your future reference, here is the O*NET page that lists several possible positions that qualify as Advanced Practice Nurses and here is the O*NET page that also lists many positions that qualify as Clinical Nurse Specialists
Again, remember – for citizens of Canada and Mexico, the TN classification is available under the North American Free Trade Agreement (NAFTA) as an alternative to the H-1B visa for registered nurses and other professions listed in NAFTA
Stay with us -next in our series will be the Nurse Practitioner.
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If you have any questions pertaining to this information or are an employer and wish to discuss bringing H-1B nurses and other healthcare professionals onboard, please contact us for a free consultation at info@immigrationsolution.net | 562 612.3996.
USCIS has updated the cap count and it’s very close to being met with approximately 1300 cap numbers remaining.
The latest count shows 56,900 cap cases have been filed. Out of the 65,000 available cap numbers, 6,800 are set aside under trade agreements, and only 1,300 numbers remain as of this count. The advanced degree category has been met. USCIS continues to accept cases at this time until the cap is reached.
As a reminder – Here are the types of employees that may qualify for an H-1B visa:
We link to the recent announcement
As the clock is ticking on the H-1B quota, USCIS informed there are more than 9,000 H-1B numbers still available, but remember that 6,800 of these numbers are reserved for citizens of Chile and Singapore under the Free Trade Agreements that the USA has with these countries. The real amount of remaining H-1B numbers is only about 2,600. The H-1B cap could be reached early in December.
Our phone has been ringing off the hook with last minute questions and requests for expedited handling. Our healthcare clients who are eternally waiting for nurses in the retrogression pipeline want to file H-1B cases for desperately needed nurses. They ask, “Why does it seem so complicated – most of our foreign nurses who are onboard, and those we want to hire, already have BSN degrees?”
Registered Nurses are generally not eligible for H-1B visas because all states permit nurses to be licensed with less than a 4 year bachelor’s degree. However, in certain instances, it may be possible to obtain an H-1B visa for a nurse where the petitioning employer can prove the following:
What Positions Qualify and will meet the Requisite Requirements?
Category 1: The first category of nurses who generally will be approved is the certified advanced practice registered nurse (APRN) category that includes:
· Clinical nurse specialists (CNSs)
· Certified registered nurse anesthetist (CRNAs)
· Certified nurse-midwives (CNMs)
· Certified nurse practitioners (NPs) fall within this category.
If an APRN position requires the employee to be certified in that practice, the nurse must possess an RN, at least a Bachelor of Science in Nursing, and some additional, graduate-level education. CNSs include Acute Care, Adult, Critical Care, Gerontological, Family, Hospice, Palliative Care, Neonatal, Pediatric, Psychiatric and Mental Health-Adult, Psychiatric and Mental Health-Child, and Women’s Health nurses. NPs include Acute Care, Adult, Family, Gerontological, Pediatric, Psychiatric & Mental Health, Neonatal, and Women’s Health nurses.
Category 2: The second category of nurses who may qualify for the H-1B are those in administrative positions requiring graduate degrees in fields such as nursing or health administration.
Category 3: A final, more subjective group that may receive H-1B approval includes those who have a nursing specialty such as critical care and peri-operative nurses, or who have passed examinations based on clinical experience in school health, occupational health, rehabilitation nursing, emergency room nursing, critical care, operating room, oncology, and pediatrics, ICU, dialysis, cardiology – but who are not APRNs.
In the above instances, the employer must show that the nature of the particular position is so specialized and complex that one would normally expect the person performing the duties to have attained a bachelor’s (or higher) degree, or its equivalent.
What is Required of the Employer?
1. The employer must offer a position as a Clinical Nurse Specialist (CNS), Certified Registered Nurse Anesthetist (CRNA), Certified Nurse-Midwife (CNM), or a Certified Nurse Practitioner (APRN-certified) Critical Care and the nurse holds the certification
2. The employer must offer a position working in an administrative position ordinarily associated with a Bachelors Degree, such as Charge Nurse or Nurse Manager or the more subjective group mentioned above in Category 3.
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Remember, for citizens of Canada and Mexico, the TN visa or classification is available under the North American Free Trade Agreement (NAFTA) as an alternative to the H-1B visa for registered nurses and other professions listed in NAFTA.
Reported in Computerworld
USCIS officials are taking H-1B enforcement from the desk to the field with a plan to conduct 25,000 on-site inspections of companies hiring foreign workers over this fiscal year.
The move marks a nearly five-fold increase in inspections over last fiscal year, when the agency conducted 5,191 site visits under a new site inspection program. The new federal fiscal year began Oct. 1.
Tougher enforcement from U.S. Citizenship and Immigration Services comes in response to a study conducted by the agency last year that found fraud and other violations in one-in-five H-1B applications.
In a letter to U.S. Sen. Charles Grassley (R-Iowa), Alejandro Mayorkas, director of the Citizenship and Immigration Services, said the agency began a site visit and verification program in July to check on the validity of H-1B applications. Mayorkas’ letter was released on Tuesday by Grassley.
“The inspection program determines] whether the location of employment actually exists and if a beneficiary is employed at the location specified, performing the duties as described, and paid the salary as identified in the petition,” said Mayorkas in his letter to Grassley.
…As part of its enforcement effort, Mayorkas said the Citizenship and Immigration Services has hired Dunn and Bradstreet Inc., which provides credit reports among other services, to act as “an independent information provider” and help verify information submitted by companies hiring H-1B workers.
Links to other related articles:
ICE Asst. Secretary Announces 1,000 New Workplace Audits
Tech workers take H-1B case to supreme court
Share your thoughts with us on this.
As reported by the American Immigration Council, Janet Napolitano delivered her first detailed speech today on immigration reform. She indicated that the security and enforcement measures that have been undertaken have revealed that “the more work we do, the more it becomes clear that the laws themselves need to be reformed.”
She further commented, “DHS is ready to implement reform”, according to the Secretary who noted, “We’ve ended a year-long backlog for background checks on applicants for green-cards and naturalization. We’ve expanded the opportunity for a widow to gain legal status here, despite the untimely death of her US citizen spouse. We’ve launched a new interactive website that allows people to receive information about the status of their immigration cases by email or text message, and we have reduced the time it takes to process those cases.”
Another positive message she conveyed was: “Businesses must be able to find the workers they need here in America, rather than having to move overseas. Immigrants need to be able to plan their lives – they need to now that once we reform the laws, we’re going to have a system that works, and that the contours of our immigration laws will last. And they need to know that they will have as many responsibilities as they do rights…This Administration does not shy away from taking on the big challenges of the 21 Century, challenges that have been ignored too long and hurt our families and businesses.”
An interesting comment by Ben Johnson, Executive Director of the American Immigration Council who attended the speech today noted, “Napolitano’s speech today evidenced a real understanding by the Administration of the comprehensive policy prescriptions necessary to reform a broken system…..Her clear statement on the value of immigrants to our society and economy, and the important role that immigration reform can play in building a foundation for growth and prosperity is a welcome response to the angry, misinformed rhetoric that has otherwise clouded the debate on immigration.”
We link to the video of Secretary Napolitano’s speech